Lawyers differ on way to assess Du30 health
The legal counsel of victims in former President Rodrigo Duterte’s case before the International Criminal Court (ICC) has agreed with the prosecution’s recommendation that the Pre-Trial Chamber designate a panel of medical experts who will assess whether he really suffers from any illness that will prevent him from taking part in the proceedings.
The lawyers of Duterte, however, have pushed for a forensic cross-examination of medical findings, saying they do not endorse the “suitability” of any of the health experts proposed by the ICC Registry or the prosecution.
In its observations on the submission of a shortlist of health experts dated Oct. 8, the Office of the Public Counsel for Victims (OPCV) said it supports the prosecution’s recommendation that the health status of the former president be assessed by a group of medical experts.
They would include a forensic psychiatrist, a neuropsychologist and a behavioral neurologist to “determine whether Mr. Duterte suffers from any medical condition(s) that might impact his ability to take part in the pre-trial proceedings.”
Their findings, according to the OPCV, would also allow Duterte, who is charged before the ICC with three counts of murder as crimes against humanity over his drug war, to be accorded “special measures or adjustments” to address his supposed mental impairment.
“In light of the jurisprudence of the court and international standards on the role of court-appointed experts in judicial proceedings, a panel of experts should be appointed for the purposes of determining the issues identified,” read the filing signed by OPCV Principal Counsel Paolina Massida.
The OPCV noted, however, that the appointment of a gerontologist, as suggested by the ICC Registry, was unnecessary at this time.
Forensic cross-exam
Duterte is detained at the Scheveningen prison complex in The Hague, Netherlands, while the Pre-Trial Chamber (PTC) 1 resolves matters related to his murder case, including the confirmation of charges hearing that has yet to be rescheduled.
The defense, on the other hand, is proposing that a forensic cross-examination of medical findings be held in a separate hearing to allow all parties to submit their own evidence on Duterte’s health.
“Given the adversarial nature of proceedings at this court, the defence submits that each party must also be permitted, if it so desires, to present its own expert evidence in addition to that currently sought by the chamber,” Duterte lawyers led by Nicholas Kaufman said in their filing made on Sept. 18 that was made public only this week.
“Defence suggests that, at the appropriate time, a hearing be held in which any expert appointed by the Chamber and the parties is subject to forensic examination, and that the parties be permitted to present submissions—oral or written—subsequent to such hearing,” they added.
The defense earlier said that Duterte has manifested signs of mental impairment that could affect his participation in the case—a claim doubted by lawyers of drug war victims.
