ICC: Du30 physically, mentally fit to face trial
Judges at a trial chamber of the International Criminal Court (ICC) have declared that former President Rodrigo Duterte is physically and mentally well and would be able to follow the proceedings and defend himself once he is put on trial starting next month.
The latest ruling on the health status of Duterte cleared the way for him to fully participate and attend in person the next set of hearings for his case for crimes against humanity, including his trial that is set to open on Nov. 30.
Trial Chamber (TC) III, in its 17-page decision dated Sept. 28 but released on Thursday night, said it is “satisfied” that the medical findings by a three-member panel of experts are “sufficiently conclusive” to assess Duterte’s ability to effectively participate in the proceedings and fully exercise his right to a fair trial.
Citing the latest medical reports, the TC III noted that court-appointed experts were unanimous in finding “no evidence of worsening of mental state or cognitive abilities” of Duterte.
It also added that there was no basis that Duterte remained “physically frail” or in need of further medical and nursing care for a certain condition that was withheld by the court.
“With respect to the accused’s general health condition, the expert panel reports that his ‘general physical health appears to have been optimized,’” the TC III said.
The official medical reports, however, were not released to the public and the attributed parts in the chamber’s decision were heavily redacted.
Age factor
Duterte, 81, is charged with three counts of murder for his alleged involvement in dozens of killings in the war on drugs. He faces a maximum sentence of life imprisonment if convicted. He has denied the charges.
According to the chamber, the ex-leader appears to have the capacity to understand the charges against him and the purpose and consequences of the trial. He is also able to understand the evidence, give instructions to his lawyers to mount his defense and follow the course of the proceedings, including “the nature and implications of entering a plea.”
Since his arrest in March last year, Duterte has been under continued observation and medical care by the ICC while in detention in The Hague, the Netherlands.
In June, the chamber, at the request of the defense, appointed medical specialists to conduct another round of medical assessment at the trial stage. The same panel of experts, composed of experts in geriatric and behavioral neurology, forensic psychiatry and neuropsychology, also looked into Duterte’s condition during pretrial.
The chamber said the improvement in his overall health could be attributed to the “high standard of medical and nursing care, including diagnostic rigor and pharmacological rationalization.”
It, however, acknowledged part of the results that the ex-leader may experience some physical and mental fatigue due to his age. But it noted that while his mental abilities, such as memory, may be reduced because of aging, this is not enough to declare him unfit for the proceedings.
The chamber will likely set up special measures to accommodate Duterte’s condition, such as taking hourly breaks during the hearings with the assistance of nursing staff as well as starting the court proceedings no earlier than 11 a.m.
The Registry, the ICC’s administrative arm, was tasked to implement the expert panel’s suggested adjustments for Duterte.
Despite a clean bill of health, Duterte would have to be constantly monitored by the ICC medical staff, the chamber noted. This includes immediately informing the TC III of any changes in the accused’s health status.
Bid denied
The chamber’s decision also denied the defense’s bid for additional medical examination to formally diagnose Duterte, who, it claimed, is suffering from “significant memory impairment.”
The defense, led by British barrister Peter Haynes, earlier told the TC III that this prevents Duterte from retaining recent information, even the names of his lawyers.
Duterte’s ex-counsel Nicholas Kaufman, for his part, had told the same chamber that his then client was at risk of falling accidents due to age and severe physical illnesses.
Following the ruling, Malacañang said it hoped the former President would be healthy enough to face trial.
“May he become stronger and clearer in his thinking so he can face the accusations against him,” said Palace press officer Claire Castro on Friday. “Only with a healthy body and mind can he reveal the truth.”
‘Last chance’
Raul Pangalangan, a former ICC judge and chair of the Truth Commission, welcomed the ruling and said it threw out Duterte’s “last chance to avoid the justice process.”
“But the point about fitness to stand trial is that he will remain under the jurisdiction of the court to answer for the crimes for which he is charged,” Pangalangan said on Friday during the commission’s press conference. “So, just to be clear, even if in the future he might appear online via a video, the important thing is he remains within the jurisdiction.”
Carlos Conde, spokesperson of the Truth Commission, said the decision eliminated a big hurdle in the proceedings, adding that families of drug war victims could not help but raise doubts on whether Duterte would be tried.
Duterte is expected to appear in the next status conference for his case on Oct. 13. —WITH REPORTS FROM GABRYELLE DUMALAG AND AP
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