The Hague, Netherlands — The International Criminal Court (ICC) Trial Chamber III has declared former President Rodrigo Duterte fit to stand trial, finding that he has sufficient ability and capacity to participate in the proceedings for his crimes against humanity case involving alleged extrajudicial killings under his administration’s anti-drug campaign.
In its 17-page decision, the ICC recognized the findings of the medical expert panel appointed to assess Duterte’s physical and mental capacity to stand trial, which is scheduled to begin in November.
According to the Expert Panel report, Duterte is capable of understanding the charges against him and the purpose of the proceedings; following the trial process, including entering a plea; understanding the evidence to be presented; and providing instructions to his defense counsel regarding their legal strategy.
It can be recalled that despite these findings, the Defense maintained that Duterte was experiencing “significant memory impairment” and was having difficulty recalling information.
The Defense referred to the inconsistencies in Duterte’s answers during the medical assessment conducted by the experts as evidence of the severity of his condition.
Despite these concerns, ICC Trial Chamber III upheld the expert panel’s findings that the inconsistencies resulted from Duterte’s underperformance during the medical assessment and examination. It also found that any potential cognitive impairment was only mild and did not indicate any severe medical condition.
In the same decision, the ICC denied the Defense’s request for an additional medical examination of Duterte, finding that the assessments and tests conducted by the appointed expert panel were sufficient.
Trial Chamber III clarified that Duterte’s fitness to stand trial is based on his ability to understand and exercise his rights to ensure fair proceedings, rather than on his current medical conditions.
As part of its preparations for the trial, the Chamber also considered the experts’ recommendations on the modalities and adjustments that should be provided to Duterte.
These include providing Duterte with hearing aids; ensuring that he receives proper meals, rest, and exercise; establishing an appropriate schedule with necessary breaks during lengthy proceedings; and having medical personnel on standby.
The Chamber also ensured that Duterte’s health and condition would continue to be monitored in case of any changes in his medical status.—Mia Layaguin, Eurotv News