Nicholas Kaufman, Former Pres. Rodrigo Duterte’s Lawyer, Asks Report on Medical Condition of Client
Former President Rodrigo Duterte’s lawyer Nicholas Kaufman initiated moves against for the interim release plea of his client.
Last November 28, the International Criminal Court or ICC rejected the appeal of the camp of former Pres. Rodrigo Duterte for his interim release. The ruling came with a unanimous decision and it saddened countless supporters of the former President.
The International Criminal Court rejected all three (3) grounds raised by the Duterte camp in its appeal for an interim release after the foreign court previously denied its plea. Here are the grounds raised by the Defense:
- The Pre-Trial Chamber erroneously found that Duterte poses a risk under Article 58(1)(b) of the Rome Statute
- The Pre-Trial Chamber erred in its rejection of the guarantees proposed by the State willing to receive him
- The Pre-Trial Chamber erred in law by failing to take into account humanitarian considerations in assessing the right to interim release.
In a statement, the Duterte family claimed that they accept the ICC ruling on the former President’s interim release appeal “with open hearts”. Former Pres. Rodrigo Duterte’s lawyer, Nicholas Kaufman, was the one who represented him at the hearing.
Duterte waived his right to personally appear at the ICC hearing over his interim release appeal. Following the decision of the foreign court, British-Israeli lawyer Nicholas Kaufman claimed that they might seek the former President’s interim release again. He stressed that they did their best.
Based on a recent report by PhilStar, former Pres. Rodrigo Duterte’s lawyer has started initiating moves for the interim release plea of his client anew. Nicholas Kaufman filed a request asking the ICC Pre-Trial Chamber I to order the medical experts who checked on the former President to issue a report on whether Duterte’s “current cognitive state would permit him to flee the ongoing judicial proceedings, to intimidate witnesses, or to commit crimes”.
“Accordingly, the Defense requests that the Pre-Trial Chamber order the Panel to provide an opinion, on the basis of its collective clinical examination, as to Mr. Duterte’s current ability to actualize the risk factors under Article 58(1)(b),” former Pres. Rodrigo Duterte’s lawyer stated in its filing.
Based on the report, if the request of former Pres. Rodrigo Duterte’s lawyer will be granted and the medical report will be favorable to them, it may be used as a basis for the review of the ongoing ICC detention of the former Chief Executive. The British-Israeli Lawyer previously claimed that the former President is allegedly “not fit to stand trial”.
Previously, contrary to the claim of Kaufman, the ICC medical experts found Duterte fit to stand trial.