Manila: A panel of medical experts has unanimously deemed former President Rodrigo R. Duterte “fit to participate” in the International Criminal Court’s (ICC) pre-trial proceedings, including the confirmation hearing.
According to Philippines News Agency, the panel, composed of independent and qualified experts, was appointed by the Pre-Trial Chamber I to assess Duterte’s fitness after his camp asserted that he is not fit to stand trial due to cognitive impairment. A court document released on December 18 revealed that three different physicians interviewed, examined, and assessed Duterte from October 8 to November 18.
The document stated, “Upon completion of their assessments, panel members individually reached the same overall conclusion that, while frail and elderly, Mr. Duterte nevertheless possesses the necessary capacities to meaningfully exercise his procedural and fair trial rights.” Each panel member independently concluded that Duterte can understand his charges, evidence, and the purpose of pre-t
rial proceedings, as well as instruct his counsel to prepare his defense.
These findings, described as “clear and unanimous,” are recommended to be relied upon by the Chamber to determine Duterte’s fitness to stand trial. However, Duterte’s camp has requested the Pre-Trial Chamber to seek further clarification before issuing its decision, citing “inconsistencies” in how each panel member reached their conclusions.
Duterte’s counsel, Nicholas Kaufman, expressed concerns, stating, “While the experts pronounce on Mr. Duterte’s rudimentary ability to engage in a criminal process, it is not clear what they actually know, if at all, about the complex nature of confirmation proceedings at the ICC, which require a suspect to be familiar, through his defence, with thousands of items of evidence comprising an investigation dating back more than four years.” Kaufman further requested an evidentiary hearing to clarify the experts’ conclusions, the reasons for such conclusions, the methodology adopted during the intervi
ews, and the means whereby instructions were communicated to them.
