Duterte expected to personally attend long-delayed ICC hearing on Feb. 23
Despite an appeal from former President Rodrigo Duterte, a lawyer for drug war victims remained confident that the pretrial hearing for the crimes against humanity case against him would proceed as scheduled in the International Criminal Court (ICC).
Lawyer Kristina Conti said there is no other pending issue that may delay the four-day confirmation of charges hearing set on Feb. 23 at the ICC headquarters in The Hague, the Netherlands.
According to Conti, her clients have been anxious about the start of the long-delayed hearings, but the Pre-Trial Chamber I (PTC) has already introduced measures in consideration of the former President’s health, suggesting that Duterte may be required to personally appear at the hearing.
She pointed out that a hearing would run for only three hours in one day, with long breaks in between hearing days. The confirmation of charges hearing is scheduled from Feb. 23 to Feb. 24 and on Feb. 26 to Feb. 27, with a full-day break on Feb. 25. It was originally set on Sept. 23, 2025.
Huge consideration
“Huge consideration was given to Duterte for his medical condition,” Conti told reporters on Wednesday, citing the former president’s earlier pronouncements that he cannot sit or stand for long.
“If he waives his appearance, then that’s his fault. But as far as I heard, he didn’t request to appear by video … So, I think he could be present at the next hearing,” noted Conti.
“It is the right of the accused to be present and to contest the charges against him. That is precisely the focus of [the issue on] fitness to stand trial. You are supposed to be there to understand the processes and the charges being thrown against you,” she said.
Duterte, who turns 81 years old on March 28, has been detained at the Scheveningen prison complex in The Hague, the Netherlands since his arrest in March last year.
Last week, the PTC I ruled that the ex-president is “able to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings,” although his lawyers asked the chamber for leave to appeal the decision.
Duterte’s lawyer Nicholas Kaufman said in their 19-page appeal dated Feb. 2 that Duterte suffered “extraordinary injustice” at every stage of the proceedings, particularly over his health.
The defense lawyer argued that Duterte was denied a fair litigation when the ICC Registry denied him access to his medical records and a neuropsychologist nominated by the defense was initially barred from examining the former president.
The PTC then appointed a panel of medical experts without stipulating a reason, and later ousted two neuropsychologists from the panel. The defense was also not given an opportunity to contradict the panel’s medical findings, Kaufman argued.
Meanwhile, New York-based Human Rights Watch noted on Wednesday that the current human rights situation in the country was just as bad under the Marcos administration as it was during Duterte’s leadership. —WITH A REPORT FROM GILLIAN VILLANUEVA
