Drug war victims’ counsel backs 2 experts to check Duterte’s fitness to stand trial

The legal counsel of the victims of ex-President Rodrigo Duterte’s war on illegal drugs on Monday endorsed two specific professionals in neuropsychology as its preferred medical experts who will determine Duterte’s overall fitness to stand trial.

In a five-page filing dated November 10 before the International Criminal Court’s Pre-Trial Chamber I, Paolina Massida, principal counsel for the drug war victims, said their preferred medical experts have the relevant credentials and expertise to be appointed to the panel of experts that will conduct the medical examination of the 80-year-old former President.

“Upon reviewing the information provided by the Registry and the experts’ curricula vitae, the Legal Representative considers that [REDACTED] and [REDACTED] possess the relevant credentials and expertise for being appointed in the Panel to undertake the medical examination of Mr. Duterte,” the Office of Public Counsel for Victims said.

Massida underscored the two medical experts’ professional experience and respective specializations that will help them determine an individual’s overall fitness to stand trial.

She said the two “appear to possess the most relevant credentials and expertise.”

“For the purposes of efficiently conducting the pre-trial proceedings, including the confirmation of charges hearing, and in light of Mr. Duterte’s ability to fluently communicate in English, the fact that said experts are [REDACTED] is preferable for the selection and appointment in the circumstances of the case,” the OPCV said.

It added: “Moreover, the fact that they also [REDACTED] is an additional advantage since some of the medical reports had originally been written in [REDACTED].”

The ICC previously appointed an initial three-member panel of medical experts to examine Duterte’s fitness to stand trial.

However, Duterte’s legal team sought to revoke the appointment of one of the three experts through a disqualification request.

This prompted the ICC Pre-Trial Chamber I to issue an order for the Registry to submit a new shortlist of experts in neuropsychology.

In a separate seven-page filing also dated November 10, the OPCV responded to the defense’s request to disqualify one of the three experts, saying it is leaving the matter of the disqualification request to the ICC Pre-Trial Chamber I’s discretion.

“The Legal Representative defers entirely to the Chamber’s discretion to resolve the matter, once further clarifications have been obtained from the Registry that might shed light on the issue raised by the Defence,” Massida said.

She reiterated that “an expert with qualifications in neuropsychology should be included in the Panel assisting the Chamber in determining Mr. Duterte’s fitness to stand trial.”

“Consequently, should the expert not be retained following the Registry’s provision of further information, she respectfully requests the Chamber to identify another suitable qualified expert with the same specialization,” the OPCV added.

Duterte was arrested by the Philippine National Police in cooperation with the Interpol on March 11 upon his arrival from Hong Kong, upon the request of the ICC as part of its probe of his alleged crimes against humanity in his war on illegal drugs.

The former President was brought to The Hague in The Netherlands on the same day and has been detained there ever since.

The ICC Pre-Trial Chamber I previously rejected the bid of Duterte’s lawyers for his interim release.

It also appointed a three-member panel of experts with specializations in forensic psychiatry, neuropsychology, and geriatric or behavioral neurology to determine if he is fit to stand trial for his alleged crimes against humanity. — JMA, GMA Integrated News