With his medical condition in question, pre-trial judges of the International Criminal Court (ICC) may tap qualified experts to conduct an independent assessment on former president Rodrigo Duterte’s fitness to participate in court proceedings.
The ICC Registry, which is in charge of administration and operations of the court, formally informed the ICC Pre-Trial Chamber 1 that the medical officer of the tribunal’s detention facility ‘does not possess the requisite expertise of judicial knowledge to provide such an assessment regarding a detained person’s fitness to stand trial.’
Following the defense’s claim that Duterte is unfit to stand trial, the pre-trial chamber directed the ICC Detention Center’s medical officer to submit a report on the former president’s medical condition.
The Registry, however, told judges that the medical officer’s mandate is only limited to the oversight of the physical and mental health of the detained persons.
While the medical officer can provide limited observations on the health of a detainee, matters related to ‘long-term adjustments to hearing arrangements’ and other issues already fall outside its mandate, the Registry said.
But it said that the Registry maintains a roster of qualified experts who may provide services to the court.
‘The Registry stands ready to provide the Chamber with a shortlisted curriculum vitae of suitable experts from this list in line with the Chamber’s requirements, for its consideration, should the Chamber so decide,’ it added.
Duterte’s defense team has moved to adjourn the trial on the basis of supposed cognitive decline of the former president.
The prosecution has disputed this claim and pushed for the resumption of the proceedings.
Groups slam Senate pro-Duterte resolution
Meanwhile, lawyer’s group Initiatives for Dialogue and Empowerment through Alternative Legal Services (IDEALS) decried senators who adopted Senate Resolution 144 urging the ICC to place Duterte under house arrest, asking if those who voted in favor also have compassion and mercy for the thousands of Filipinos who were killed in the war on drugs.
‘Calling for his house arrest is not an act of mercy. It is an act of betrayal,’ the IDEALS said in a statement.
The Makabayan bloc in the House of Representatives denounced the move, saying ‘this is not a humanitarian gesture, but a brazen attempt to obstruct justice and protect a mass murderer responsible for thousands of extrajudicial killings.’
‘The senators resolution is not about pity or rights, but a clear cover-up on the crimes of Duterte. This is an example of oppression of justice for the families of the victims of drug war,’ said Act Teachers party-list Rep. Antonio Tinio.
Kabataan party-list Rep. Renee Louise Co described the measure as ‘nothing more than a political maneuver designed to protect Duterte and his cohorts from facing the full weight of international justice.’
‘The Senators’ resolution is an insult to the families who lost their loved ones due to the endless battering of Duterte’s fake drug war,’ Gabriela women’s party Rep. Sarah Elago said.
No effect
Kristina Conti, a lawyer representing some drug war victims, said the Senate resolution would have no effect on the ongoing proceedings at the international tribunal.
Conti described the passage of the resolution as counterproductive ‘as the Senate is not in any way involved in the ICC process.’
‘It is unclear how the resolution will be communicated to the international court. Unless the Senate has direct knowledge of Duterte’s physical and mental health and their report is transmitted to the ICC through the proper channels, then the resolution will be mere political noise,’ she said.
According to Conti, the ICC Pre-Trial Chamber 1 would only consider matters of fact and law as it evaluates various requests filed by Duterte’s lawyers, including the plea for his interim release.
She described Senate Resolution 144 as mere ‘political noise’ that could even ‘backfire’ on efforts to secure Duterte’s release from detention.
The move, she said, can be viewed as political intrusion and a form of undermining the ICC’s independence.
‘The court may also see this as conclusive proof that the Dutertes still exercise significant political clout nationwide. Duterte family members are in positions in Davao, which is why he cannot simply go home there,’ Conti said.
Fifteen senators voted in favor of the resolution calling for the house arrest of Duterte on the basis of humanitarian considerations. At least three opposed it, two abstained and four did not participate in the voting.
For Conti, given that one of the sponsors ‘is probably among the co-perpetrators of crimes against humanity being investigated by the ICC Office of the Prosecutor,’ passing the resolution was ‘patently self-serving.’
Among those who supported the measure was Sen. Ronald dela Rosa, who is also reportedly being investigated by the ICC for his role as Duterte’s first police chief.
The activist group Bagong Alyansang Makabayan said the senators who adopted the resolution are ‘political opportunists.’
Meanwhile, acting Davao City Mayor Sebastian Duterte is seeking the disbarment of Justice Secretary Jesus Crispin Remulla, Defense Secretary Gilbert Teodoro, Justice Undersecretary Nicholas Felix Ty and Prosecutor General Richard Anthony Fadullon before the Supreme Court.
The mayor’s lawyer Israelito Torreon refused to divulge details of the complaint but said it was related to the former president’s arrest and transfer to The Hague in March, which they described as ‘illegal’ kidnapping and expulsion. – Emmanuel Tupas, Jose Rodel Clapano, Daphne Galvez