AT 80 YEARS old, former President Rodrigo Duterte remains sharp — and fit to stand judicial hearings by the International Criminal Court (ICC).
In a statement, ICC judges ruled to hold pre-trial hearings for the confirmation of charges on February 23.
Duterte’s defense team earlier had argued that the former President, who is being held in The Hague over crimes against humanity for thousands of deaths during his war on drugs, could not stand trial due to cognitive decline.
Judges cited a report by independent medical experts that found Duterte as “fit and able” to understand and participate in the hearings of the case against him.
ICC earlier maintained that, for someone to be deemed fit to take part in proceedings, it is sufficient that they have a broad understanding of the procedures, not that they operate at their highest level.
“The Chamber is satisfied, in law, that Mr. Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings,” the judges said.
For the longest time, ICC stood firm that suspects — regardless of age, are fit for trial, despite petitions. Duterte was the Philippine President from 2016 to 2022. He was arrested and flown to The Hague last March.
Meanwhile, Duterte’s counsel Nicholas Kaufman expressed disappointment after being denied the chance to present the defense panel’s own medical evidence and to question the findings in court.
“The defence will seek leave to appeal this decision and argue that Mr Duterte was denied due process,” Kaufman said.
According to ICC prosecutors, Duterte created, funded and armed death squads during his war on drugs, when thousands of alleged narcotics peddlers and users were killed.
Judges also set a new date for his confirmation of charges hearing. Prosecutors want to charge Duterte with three counts of murder as a crime against humanity involving more than 75 victims, but under the ICC system judges must confirm the charges after separate hearings before the case can move to trial.
According to police, 6,200 suspects were killed during anti-drug operations under Duterte’s presidency. Activists say the real toll was far higher, and the ICC prosecutor has said as many as 30,000 people may have died.
Duterte has repeatedly insisted that his instruction to kill drug suspects was only in self-defense.
