ICC Issues Decision on Medical Exam for Former Pres. Rodrigo Duterte amid Lawyer’s ‘Unfit for Trial’ Claim
RODRIGO DUTERTE – The International Criminal Court (ICC) ordered a medical examination on the former President to determine his fitness to stand trial.
The confirmation of charges hearing of former Pres. Duterte was postponed after his lawyer, Nicholas Kaufman, claimed that he is allegedly “not fit to stand trial”. The British-Israeli Lawyer claimed that the 80-year-old former President is supposedly suffering from a “cognitive impairment”.
According to Kaufman, Duterte is allegedly unable to remember events, places, and even members of his family. The Lawyer expressed his hope that the Marcos Jr. administration will allow his client’s return to the country for his interim release.
However, the ICC recently issued its decision junking the interim release plea of former Pres. Rodrigo Duterte. The ruling that came with a unanimous decision among three (3) ICC judges cited that the continued detention of the former President is needed to ensure his attendance to the hearings.
Duterte’s camp previously called on the ICC to adjourn all legal proceedings indefinitely, On the other side, the ICC prosecution wanted three (3) medical experts to check on the fitness of former Pres. Rodrigo Duterte to stand trial. They suggested a forensic psychiatry, a neuropsychology, and a behavioral neurology.
Recently, the International Criminal Court issued a redacted document revealing its decision to order medical examination on former Pres. Rodrigo Duterte to determine his fitness to stand trial. Based on a report on GMA News, the ICC Pre-Trial Chamber 1 ordered Duterte to undergo medical exam by a panel of three (3) experts but they did not reveal their names.
The former President is ordered to undergo medical exams conducted by a forensic psychiatrist, a neuropsychologist, and a geriatric and behavioral neurologist. The ICC ordered the prosecution, the defense, and the Office of Public Counsel for Victims to file their comments on or before November 15 regarding its decision.
According to the ICC, the fitness to stand trial does not depend on particular medical conditions but whether on the suspect is able to effectively exercise his or her procedural rights. Based on the report, the court wants the medical experts to provide their assessment on the following issues:
- whether and, if so, at what level Mr Duterte suffers from any medical condition which might have an effect on his ability to follow and take part in the ongoing pre-trial proceedings, including the confirmation of charges hearing; and
- whether any special measures or adjustments are recommended to address any medical condition of Mr Duterte, also in light of any prognosis, during the pre-trial proceedings, including the confirmation of charges hearing.
Vice Pres. Sara Duterte previously claimed they already expert that their father will spend the Christmas holidays inside the ICC detention facility in The Hague, Netherlands. Davao Congressman Paolo Duterte previously expressed his disappointment on the ICC junking the interim release plea of the former President.