Duterte team appeals ICC ruling on trial fitness

Former president Rodrigo Duterte’s initial appearance before Pre-Trial Chamber I of the International Criminal Court. ICC/File 

MANILA — The defense team of former president Rodrigo Duterte has appealed an International Criminal Court ruling that the 80-year-old is fit to take part in a pre-trial hearing next month.

Duterte’s team argued that the ICC Pre-Trial Chamber “committed an error of law and of fact when it refused, without proper motivation, to consider a medical  report provided by a Defence neurologist and neuropsychologist.” 

The defense said the medical report “speaks directly to Mr Duterte’s deteriorating health and compromised cognitive condition, a factor that the Pre-Trial Chamber was obliged to consider in its periodic review of Mr Duterte’s detention.” 

“In refusing to consider the Report, the Pre-Trial Chamber failed in its duty to assess whether there exist changed circumstances that would, in turn, affect the necessity of detention,” the defense asserted. 

“To categorically disregard a party’s submissions, to say nothing of objective medical evidence supplied by leading professionals in good standing, is, in effect, the rejection of a suspect’s right to a fair hearing,” it added. 

The appeal sought Duterte’s “immediate” interim release. 

The ICC on Monday ruled that Duterte was fit to face a "confirmation of charges" hearing starting February 23, where judges decide whether the prosecution's allegations are strong enough to proceed to trial.

"Having regard to the relevant legal principles, the medical assessment of the independent experts... and all of the relevant circumstances of the case, the Chamber was satisfied that Mr Duterte is able effectively to exercise his procedural rights," the court said.

ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders as part of his "war on drugs".

Duterte's defense had argued the former leader's short-term memory was "demonstrably impacted" to the extent he could not "retain information for more than a short space of time."

The defense team said this made it impossible for him to follow a hearing fairly and to instruct his lawyers effectively.

However, the judges said they were "not persuaded by these arguments".

Duterte's lawyer, Nicholas Kaufman, earlier said the defense “is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence.”

Kaufman added the defense team was also disappointed it could not "even question, in court, the contradictory findings of a panel of medical professionals selected by the judges."

Duterte was arrested in Manila on March 11, flown to the Netherlands that same night and has been held at the ICC's detention unit at Scheveningen Prison since.

He followed his initial hearing by video link, barely speaking.

In October, the court had already rejected a defense plea for early release, arguing he posed a flight risk and could be in a position to influence witnesses if freed.