Duterte's lawyer asks ICC to order re-determination of fitness to stand trial

Former President Rodrigo Duterte’s lawyer has asked the International Criminal Court (ICC) Trial Chamber III to order another medical examination of the 81-year-old Duterte and determine his fitness to stand trial in his crimes against humanity cases.

In a seven-page pleading dated May 25, Duterte’s legal counsel Peter Haynes noted that earlier medical assessment of his client was limited to the pre-trial stage. The pleading was made available on the ICC website.

He added that during the confirmation of charges hearings, one of the experts found that Duterte had a “a partial understanding of the accusations” and that “[REDACTED] ‘reduces to some extent his ability to stand trial.’”

“Notwithstanding the earlier pre-trial findings, the Trial Chamber has an ongoing obligation to reassess Mr. Duterte’s fitness to stand trial every 120 days, or upon the request of a party,” Haynes said.

“The concept of fitness to stand trial, although not defined by the Court’s legal instruments, must be interpreted in the light of the need to ensure that the accused receives a fair trial. Namely, where an accused is unable to meaningfully exercise his or her procedural rights because of his or her state of health, the trial cannot be fair,” he added.

Haynes said it is appropriate for the Trial Chamber III to “order a medical examination of Mr. Duterte pursuant to Rule 135 at this juncture and before the commencement of any trial.”

Rule 135 of the ICC’s Rules of Procedure empowers the trial chamber to “order a medical, psychiatric or psychological examination of the accused.”

“It is submitted that no burden falls upon the Defence to show that the accused is unfit to stand trial. Rather, for the purpose of Rule 135, the Defence is a party assisting the Chamber in discharging its obligations under the legal framework of the Court,” Haynes said, adding that the parties “should also be provided with the opportunity to test the expert’s evidence prior to the Chamber’s determination on competency.”

In last week’s first status conference on May 27, ICC Trial Chamber III Presiding Judge Joanna Korner said the court would order a re-examination of Duterte’s fitness to stand trial in the cases over his war on illegal drugs during his term as Davao City mayor and later as President.

Korner then referred to a motion filed by the defense seeking the reexamination of their client. The ICC judge also noted their proposal that the three experts who conducted a medical examination of Duterte be reordered to reexamine him once more.

Haynes said the defense is ready to provide the Trial Chamber III with a list of candidates from the ICC List of Experts “should there be any practical impediment to the instruction of the members of the earlier Panel, or in the event that the Chamber favours a fresh approach.”

This is “notwithstanding the desirability of continuity and familiarity in the appointment of medical experts for this purpose.” — JMA, GMA News