EJK victims’ counsel object to Duterte bid for indefinite stay of ICC proceedings

The Office of the Public Counsel for Victims has rejected former President Rodrigo Duterte’s bid to indefinitely halt the proceedings against him before the International Criminal Court, but said his medical condition should be thoroughly assessed in order to evaluate his fitness to stand trial.

In a 14-page filing before the ICC Pre-Trial Chamber I dated October 8, OPCV Principal Counsel Paolina Massidda said the request for an indefinite adjournment of the proceedings is unjustified since the defense’s submissions “do not suffice to warrant it.”

She noted that concerns over Duterte’s health as raised by his legal counsel “give rise to the need for further investigation” into the 80-year-old former President’s state of health, ability to exercise his rights and “prospects of the consequences of his condition in the near and more distant future.”

Massidda said the Pre-Trial Chamber I should urgently appoint independent experts to “evaluate his faculties in relation to his ability and fitness to participate in the next stages of the proceedings.”

This is for Duterte’s own benefit and to enable the ICC to “assess the information against the stringent legal requirements of the criteria of the fitness standard.”

“All possible measures should be considered and exhausted before the chamber can contemplate staying proceedings against the suspect on an indefinite basis, as not only the defendant, but victims and the international community as a whole have a vested interest in seeing proceedings progress where possible,” the OPCV said.

It added: “The interests of justice indeed require that individuals who stand suspected or accused of having committed some of the gravest crimes of concern to the international community be tried fairly and expeditiously. Fairness and expeditiousness are also entitlements enjoyed by the victims of atrocity crimes who have the right to truth and accountability.”

However, the OPCV said it will not block the defense’s alternative suggestion of a status conference to allow the parties and participants the opportunity to discuss available options and related scheduling matters.

Duterte has been detained in The Hague since March following his arrest for alleged crimes against humanity in relation to his war against illegal drugs during his term.

He was supposed to face the ICC Pre-Trial Chamber I on Sept. 23 for the confirmation of charges, but the chamber suspended the hearing after Duterte’s legal counsel, Nicholas Kaufman, said the former President was unfit to stand trial.

Duterte’s legal counsel claimed that Duterte was suffering from cognitive deterioration that marred his ability to recall dates, events, and even his own family members.

In mid-September, Vice President Sara Duterte said she talked with her father over the phone about politics, the flood control controversy, and his love life, adding that her father is “okay.” — Vince Angelo Ferreras/JMA, GMA Integrated News