Former president Rodrigo Duterte’s legal team at the International Criminal Court is once again seeking a review of his medical condition.
In a recent filing, Duterte’s newly appointed counsel Peter Haynes has asked the ICC to conduct another fitness assessment, raising concerns over the former leader’s ability to participate in the proceedings related to the court’s investigation into his controversial war on drugs.
“The Defence position is that a commencement is contingent upon a determination by the Trial Chamber of Mr Duterte’s fitness to stand trial,” he stated.
While he acknowledged that a fitness evaluation had already been conducted during the pre-trial phase, Haynes noted that Duterte’s condition “continues to deteriorate and will need more fully to be reviewed before any trial may commence.”
Should he be found fit to stand trial, his legal team requested sufficient time to prepare their case.
“In any event, the Defence will require a meaningful period following the Prosecution’s provision of its final witness list, final list of evidence, and the disclosure of all items on which it intends to rely on at trial or that are necessary for the preparation of the Defence pursuant to Article 67(2) and Rule 77,” Haynes said.
“The Defence notes in this regard the prior practice of trial proceedings commencing no less than three months after notification of the Prosecution’s final witness and evidence lists,” he added.
At this stage, however, Haynes said that they still can’t provide the court details concerning the estimated number of witnesses and hours of testimony, the use of expert witnesses, audio- or video-link testimony, the anticipated volume of documentary, among others.
Back in January, the Pre-Trial Chamber I said that Duterte is capable of participating in pre-trial activities. This was after three experts specializing in forensic psychiatry, neuropsychology, and geriatric and behavioral neurology were appointed to conduct a medical assessment.
Last April, the pre-trial judges unanimously confirmed all three counts of murder lodged against Duterte. With this, his case will now be transferred to an ICC Trial Chamber, with the prosecution pushing for the commencement of the trial on Nov. 30 later this year.