Duterte's camp asks to appeal ICC's denial of adjournment in drug war case

The camp of former President Rodrigo Duterte has asked the International Criminal Court (ICC) Pre-Trial Chamber I to allow the appeal of the court's ruling denying the request for indefinite adjournment of the pre-trial proceedings in his case over the drug war.

In a 19-page document dated February 2, Duterte's defense also asked the ICC to allow it to appeal the Pre-Trial Chamber’s denial of its request for an evidentiary hearing.

“The Pre-Trial Chamber erred in fact and in law when it ignored relevant clinical evidence on Mr Duterte’s cognitive condition, including that provided by the Defence experts,” the ICC said.

In January, the chamber found that Duterte was fit to participate in the pre-trial proceedings against him, denying his request for an indefinite adjournment.

Duterte’s camp, however, argued that the Pre-Trial Chamber failed to articulate coherently its reasoning why Duterte is fit to proceed to trial.

It also said that the Pre-Trial Chamber I erred by confining its assessment of Duterte’s fitness to the pre-trial phase and failing to consider the impact on its finding on Duterte’s ability to stand trial.

“The Panel did not conclude that Mr. Duterte was devoid of memory problems, rather that he exhibited underperformance. Nowhere did the Panel state that such underperformance was deliberate,” it said.

“Accordingly, the Pre-Trial Chamber failed to consider how Mr Duterte’s cognitive issues, whatever their degree, impacted on his ability to retain information for the purpose of exercising his procedural rights,” it added.

Duterte’s defense said that an immediate resolution is necessary, adding that further delay risks prejudicing the rights of Duterte and impeding the fair and expeditious conduct of the proceedings.

“Prompt appellate resolution will ensure that the pre-trial proceedings proceed on a sound basis, will avoid any future litigation on the matter, and will remove doubts as to the correctness of the Impugned Decision,” it said.

The ICC Prosecutor has charged the former president with 49 incidents of murder and attempted murder during his time as mayor of Davao City and as President of the Philippines, "although the actual scale of victimization during the charged period was significantly greater."

Based on government records, around 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related killings. –NB, GMA Integrated News