Prosecutors oppose Duterte's bid to appeal ruling on fitness for trial

Prosecutors have objected to the request of former President Rodrigo Duterte’s lawyers to appeal an earlier decision of the International Criminal Court (ICC) that deemed him fit to stand trial and denied his request for indefinite adjournment.

In a nine-page pleading dated February 12 and signed by deputy prosecutor Mame Mandiaye Niang, the prosecution said Duterte’s lawyers merely disagreed with the ICC Pre-Trial Chamber I’s January 26 ruling and did not raise any “appealable issue.”

“The Chamber should reject the Defence’s request for leave to appeal (the ‘Request’) the ‘Decision on the ‘Defence Request for an Indefinite Adjournment’ and Mr. Duterte’s fitness to take part in the pre-trial proceedings,’” the prosecution said.

“The Defence merely disagrees with the Decision and appears to misunderstand the process envisaged in Rule 135 of the Rules of Procedure and Evidence. As such, the Request does not identify any appealable issue and, ultimately, does not meet the cumulative criteria for leave to appeal,” it added.

The prosecution objected to the Duterte camp’s four identified issues for appeal:

• That the Chamber “erred in fact and in law when it ignored relevant clinical evidence” on Duterte’s cognitive condition;
• That the Chamber “erred in law by rejecting the Defence request to question the members of the panel by way of an evidentiary hearing”;
• That the Chamber “erred in law by failing to articulate coherently its reasoning” as to why it believed Duterte is fit to proceed to the confirmation of charges proceedings”; and
• That the Chamber “erred in law by confining its assessment” of Duterte’s fitness to the pre-trial phase and in failing to consider the impact of its finding on Duterte’s ability to stand trial.

They noted that should concerns about Duterte’s fitness to stand trial arise again, these can be addressed at trial in accordance with the ICC’s Rules of Procedure and Evidence.

“As such, appellate involvement at this stage would only further delay ongoing proceedings, which have already been postponed by five months in order to conduct the assessment of Mr. Duterte’s fitness,” they said.

In particular, the prosecution said the Pre-Trial Chamber I did not “simply ignore reports” about Duterte’s medical condition provided by his lawyers, and that the defense’s report from its own medical experts was given to the three-member panel of exerts that assessed the 80-year-old President’s fitness to stand trial.

It noted that the court “took great care” in naming the multidisciplinary panel of experts who checked on Duterte’s condition.

“As emphasised by the Chamber, the Panel was ‘able to undertake its medical assessment of Mr. Duterte in full knowledge of the previous medical reports and opinions that had been provided prior to its own examination,’” the prosecution said.

They added that contrary to the defense’s assertion, the Pre-Trial Chamber I was “clear in explaining how it came to its legal determination” regarding Duterte’s fitness to take part in the pre-trial proceedings and gave “sufficient reasoning for its conclusion.”

The prosecution cited the ICC’s detailed analysis in its decision of the joint and individual reports of the experts and even the specific arguments raised by the defense.

As to the rejection of the defense’s request to hold an evidentiary hearing to question the experts on their findings, prosecutors stressed that “there is no statutory requirement to hold a hearing on fitness to stand trial” in the ICC’s regulatory framework.

This means that deciding to hold such a hearing is discretionary and on a case-to-case basis.

The prosecution added that should the charges against Duterte be confirmed later this month, “nothing prevents the Defence from raising, should there be a factual basis to do so, a challenge to the fitness of Mr. Duterte before a Trial Chamber.”

“The conclusions regarding Mr. Duterte’s fitness are limited to the pre-trial stage of the proceedings, limiting any potential impact they may have on the outcome of trial. In fact, the Defence already notes the potential of Mr. Duterte’s fitness to stand trial being revisited again at trial,” they said.

“Moreover, extending conclusions about Mr. Duterte’s current state of fitness to trial proceedings would necessarily require speculation, regarding the possible evolution (whether deterioration or improvement) of his current condition,” the prosecution added.

Earlier this month, Duterte’s lawyers led by Nicholas Kaufman asked the ICC Pre-Trial Chamber I to allow them to appeal its ruling that denied their request for indefinite adjournment of the pre-trial proceedings in his case over his war on illegal drugs.

In a 19-page pleading dated February 2, the defense also asked the ICC to allow it to appeal the denial of its request for an evidentiary hearing to question the panel of experts who examined Duterte.

The ICC Pre-Trial Chamber I has scheduled the confirmation of charges hearings from February 23 to 27, 2026. — JMA, GMA Integrated News