ICC told: Duterte unable to recall events, family members

Former President Rodrigo Duterte is unable to recall events, places, timing, or even members of his close family, his defense lawyer Nicholas Kaufman has told the International Criminal Court (ICC) in asking that all legal proceedings against him be adjourned indefinitely.

According to the public redacted version of the “Defence Request for an Indefinite Adjournment" released by the ICC on September 11, Kaufman said the 80-year-old Duterte lacked the capacity to apply the cognitive skills essential for the proper conduct of his defense.

"In fact, he is not even able to process the reasons for his detention," Kaufman said.

The ICC has postponed the hearing on the confirmation charges against Duterte scheduled on September 23, citing the defense's statement that he was “not fit to stand trial.”

'Unfit for trial'

Judge María del Socorro Flores Liera dissented from the decision by Presiding Judge Iulia Motoc, and Judge Reine Alapini-Gansou.

"With his impaired memory and concomitant inability to retain new information or to recall events, places, timing or even members of his close family and defense team, Mr Duterte is unable to fully understand the nature and implications of the proceedings conducted against him," Kaufman said.

"His deficient memory also entails an inability to follow the litigation and to make informed decisions. Consequently, and crucially, Mr Duterte is unable to contribute to his own defence, rendering his participation in the proceedings totally ineffective," he added.

Kaufman further said the former president is expected to remain “static” or to “deteriorate even further” even with medical or psychiatric intervention.

“[REDACTED] Mr Duterte’s pathology clearly suggests that “a trial and continued detention […] would also not serve the interests of justice”. In these circumstances, the pursuit of legal proceedings against a [REDACTED] incapacitated individual must be terminated,” he added.

War on drugs

Duterte is currently detained in the Scheveningen Prison in The Hague for alleged crimes against humanity for his deadly war on drugs when he was mayor of Davao City and when he was president of the Philippines.

Government records showed that there were over 6,000 drug suspects killed in police operations during the previous administration's drug war, but human rights organizations reported that the death toll may have reached 30,000 due to unreported incidents.

Families of drug war victims expressed fear of a possible retaliation from the Duterte family and their supporters should the former leader return to the country, ICC assistant to counsel Atty. Kristina Conti had said.

In August, Duterte, through his counsel, reiterated his request to the ICC for an interim release to an undisclosed country "subject to any conditions deemed appropriate."

The ICC Prosecutor has submitted so far 12 batches of evidence, each containing items that range from hundreds to thousands.

More than 300 drug war victims have also applied to participate in the case.–NB, GMA Integrated News