Drug war victims’ counsel asks ICC to rule on Duterte’s fitness to stand trial

The Office of Public Counsel for Victims (OPCV) has asked the International Criminal Court (ICC) to rule on former President Rodrigo Duterte’s fitness to stand trial for the alleged crimes of humanity against him, noting that there are no obstacles barring him from exercising his rights.

In a seven-page filing dated December 18 and submitted to the ICC Pre-Trial Chamber I, Paolina Massidda, principal counsel, also requested the court to set the date for the confirmation of charges hearing “without further delay” in light of the drug war victims’ right to a speedy trial.

The filing discussed the OPCV’s redacted observations on the joint and individual reports submitted on December 5 by the panel of experts who examined the 80-year-old Duterte’s fitness to stand trial.

The OPCV’s redacted observations left out any details as to the experts’ findings, but stated that “there exist no obstacles that would prevent Mr. Duterte from meaningfully exercising his procedural rights.”

“Indeed, under the relevant jurisprudence of the Court, absence of such obstacles is determinative of the matter,” the filing said.

The OPCV added: “Consequently, on the basis of the Panel’s conclusions, the Chamber is in a position to positively determine that Mr. Duterte is able to fully engage and participate in the pre-trial proceedings, including the confirmation of charges hearing.”

Massida said the “relevant legal criteria for Mr. Duterte’s fitness to participate in the confirmation of charges hearing are fulfilled according to the established jurisprudence of the Court.”

“Consequently, the confirmation of charges hearing should be held as soon as possible in light of the Victims’ right to the expeditious conduct of the proceedings,” she added.

In October, the ICC Pre-Trial Chamber I ordered the conduct of a medical examination on Duterte to determine if he suffers from any medical condition which might affect his ability to follow and take part in the proceedings, and if there are special measures or adjustments needed to address any medical condition of the former President.

On December 5, Duterte’s lawyer Nicholas Kaufman said he received a copy of the panel’s reports but said its contents are confidential.

Duterte has been detained at The Hague since March 11 following his arrest as ordered by the ICC. He is facing alleged crimes of humanity of murder and attempted murder in connection with his bloody war on illegal drugs during his term as Davao City mayor and as President.

In September, the ICC Pre-Trial Chamber I rejected his lawyers’ request to grant him interim release.

The ICC Appeals Chamber rejected Duterte’s appeal to reverse the earlier decision in a ruling made public on November 28, during which Duterte waived his right to be present during the hearing. — JMA, GMA Integrated News