Drug war victims’ lawyers cast doubt in Duterte’s claim of cognitive impairment

National

LAWYERS for families of victims of former President Rodrigo Duterte’s bloody drug war pushed back against claims that he is unfit to stand trial before the International Criminal Court (ICC).

The lawyers insisted that the alleged cognitive impairment should not delay proceedings on multiple murder charges.

In a report by Philstar, Duterte’s lawyer, Nicholas Kaufman, earlier told the ICC’s Pre-Trial Chamber (PTC) 1 that medical assessments, including one conducted by the court’s own team, suggested the former president may be suffering from cognitive decline that could affect his ability to participate in his defense.

The heavily redacted report cited impairments in faculties “precisely required” for him to assist counsel.

Kaufman urged the court to rule on Duterte’s fitness before resuming the confirmation of charges hearing, which was postponed on Sept. 8. That stage will determine if sufficient evidence exists to put Duterte on trial for three counts of murder tied to the operations of an alleged death squad and the nationwide drug war killings.

But the National Union of Peoples’ Lawyers (NUPL), which represents victims, countered that the Rome Statute allows accused individuals to waive physical presence and be represented by counsel.

“He can defer to his lawyer if he is not feeling well,” NUPL’s Kristina Conti said, adding that there is no legal reason to stall the confirmation hearings.

Fellow NUPL lawyer Neri Colmenares argued that raising Duterte’s health at this stage was “premature” and should be addressed by the trial chamber, not the PTC. He noted that even the defense admitted Duterte had sufficient capacity to authorize the release of his medical records.

“This only shows he is not as incapacitated as claimed,” Colmenares said.(Xienderlyn Trinidad, USJ-R Comm Intern)