ICC prosecution wanted own medical expert to assess Duterte's health

The International Criminal Court (ICC) Prosecution requested to have its own medical expert assess former President Rodrigo Duterte's health, but The Hague-based tribunal's Pre-Trial Chamber I opted to postpone legal proceedings after his camp asserted that he was unfit to stand trial.

This was shown in the public redacted version of "Prosecution's Response to the 'Defence Request for an Indefinite Adjournment'" on August 28. 

The ICC released the redacted document on September 11, three days after it announced the "limited postponement" of Duterte's confirmation of charges hearing.

In seeking to block the defense's bid for indefinite adjournment, the prosecution said it was "in the process of engaging its own expert(s) (the 'Prosecution Expert') to assist in determining Mr Duterte's fitness to participate in the pre-trial proceedings and to stand trial." 

"The [REDACTED] is expected to provide additional information regarding Mr Duterte's health condition which will further assist the Chamber in its determination of the Defence Request," it added.

The prosecution argued that the indefinite adjournment cannot be decided solely on "Defence Reports" and "Defence Experts," adding that it does not accept their "conclusions and opinions."

It added, "The Prosecution Expert should be provided with the same records, documentation, and any other relevant information that was made available to the Defence Experts."

The ICC Pre-Trial Chamber I postponed the former Philippine president's scheduled confirmation of charges hearing on September 23 after his camp argued that he was unfit to face trial. 

Duterte's defense lawyer Nicholas Kaufman later told the ICC that all legal proceedings against his client must be postponed as the 80-year-old former president lacked the capacity to apply the cognitive skills essential for the proper conduct of his defense.

Kaufman said Duterte has "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." 

For its part, the prosecution said that further evaluation was needed to prove that Duterte was indeed "not fit to stand trial."

"An additional medical evaluation of Mr Duterte is necessary because the Prosecution disputes the Defence's position that Mr Duterte is 'not fit to stand trial' and the currently untested findings of the Defence Experts," the document read. 

The prosecution also urged the tribunal to have the confirmation of charges before the end of 2025. 

In its stating its requested relief, the prosecution asked that the ICC Pre-Trial reject the defense's request for indefinite adjournment of legal proceedings, and likewise turn down the defense's alternative request to convene a status conference for litigation.

"The Prosecution accepts that a short adjournment may be necessary, but this should be limited to the time necessary for the Chamber to expeditiously render its decision on Mr Duterte's fitness to stand trial," it said.

That decision, it added, should consider reports from the experts of the defense, the prosecution, or others whom the Chamber may seek to appoint.

Duterte is currently detained at the Hague Penitentiary Institution or the Scheveningen Prison on charges of crimes against humanity in relation to his administration’s drug war, which killed over 6,000 drug suspects in police operations per government records.

However, human rights organizations estimate the death toll may have reached 30,000 due to unreported incidents. 

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. — VDV, GMA Integrated News