The International Criminal Court’s (ICC) prosecution is pushing for former Philippine President Rodrigo Duterte’s trial to proceed, despite his bid to indefinitely suspend proceedings, citing health concerns.
According to the ICC, while a brief delay might be considered reasonable, the case should move forward, with a determination on Duterte’s fitness to stand trial to be made by the end of 2025.
ICC Deputy Prosecutor Mame Mandiaye Niang has expressed that the defense’s concerns that Duterte’s current health makes him unable to stand trial are ‘not sufficient’ on their own to influence the chamber's decision on the matter.
The prosecution is taking steps to assess Duterte’s fitness to stand trial, given his advanced age of 80.
According to a document filed on Aug. 28, the prosecution is engaging its own expert and has requested the court to order additional medical assessments to determine whether Duterte can participate in the proceedings.
The defense earlier submitted a request seeking an indefinite adjournment of the proceedings against him, claiming Duterte was ‘not fit to stand trial’ due to significant cognitive dysfunctions.
Nicholas Kaufman, Duterte’s lawyer, said in the publicly redacted version of the filing that the former president would not be able to completely recall information from the period relevant to the case, such as to be able to testify.
According to Kaufman, Duterte is suffering from an impaired memory and associated impairment to retain information or to recall events, places, timing, or even members of his close family and his own defense team.
However, the ICC countered that these findings lacked clarity regarding the standards applied and did not prove Duterte could not meaningfully exercise his fair trial rights.
“The proceedings against Mr. Duterte cannot be ‘adjourned indefinitely’ on the sole basis of the reports submitted by the defense,” the prosecution said in the publicly redacted version of the filing.
The filing noted that it is ultimately for the chamber, not the defense, to decide on Duterte’s condition.
The ICC prosecution also urged the judges to order further medical examinations, ideally by experts who have experience not just in the fields relevant to Duterte’s condition, but also those with forensic experience in the issue of fitness to stand trial and in providing expert results and testimony before various courts.
The filing said such experts should also be “familiar with legal proceedings in general and sufficiently familiar with proceedings at this Court, or at other international courts or tribunals,” the prosecution said.
They should also be able to recommend “any specific measures or adjustments that can be applied to facilitate Mr. Duterte’s participation in the proceedings,” it added.
The ICC added that while a short adjournment might be warranted, proceedings should not be delayed indefinitely. A ruling on Duterte’s fitness should be reached in time to allow a confirmation of charges hearing within the year.
The fitness question has resulted in the ICC pre-trial chamber’s decision to postpone the confirmation of charges hearing, which was originally set on September 23.
This hearing would determine if there is enough evidence to proceed to the actual trial.
