Kaufman questions claim Duterte consented to submit medical info

Lawyer Nicholas Kaufman, the legal counsel of former President Rodrigo Duterte, has questioned the statement of the International Criminal Court (ICC) Registry that the latter consented to the submission of his medical information.

In a four-page document released on October 9, Kaufman asked the Pre-Trial Chamber to direct the Registry to disclose all documents containing Duterte’s signed consent on the transfer of his medical information to the chamber.

Kaufman said Duterte’s counsel was not shown any written consent authorizing the release of Duterte’s personal medical information and he was also not permitted to leave with the report.

“Mr. Duterte reported feeling intimidated [redacted], according to him, had demanded that the Factual Report be given back to [redacted],” he said.

“The validity of the so-called informed written ‘consent’ [redacted] to have received from Mr. Duterte is strenuously disputed. [Redacted] knows to be suffering from [redacted] and cognitive impairment sub judice,” he added.

Aside from this, Kaufman said that the Registry does not assert that Duterte was given a second opportunity to discuss informed consent.

“Nothing in the Factual Report is of relevance to the issue of fitness to stand trial. Notwithstanding the aforementioned, a dispute exists as to Mr. Duterte’s ability to provide informed consent to the divulgation of his medical information,” he said.

In their submission of medical reports, Duterte's defense team said the reports of ICC medical officer corroborated the findings of their camp's intended expert neuropsychologist that Duterte has “cognitive impairment.”

This is in relation to their earlier request for indefinite adjournment of the confirmation of charges hearing.

The Registry, however, later said that the medical officer is not authorized to assess Duterte’s fitness for trial.

Meanwhile, ICC prosecutors have recommended three experts specializing in forensic psychiatry, neuropsychology, and behavioral neurology to assess Duterte’s condition.

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. 

Duterte has denied the allegations against him.—AOL, GMA Integrated News