Duterte lawyers push for more tests over fitness to stand trial

National

IS Rodrigo Duterte really fit to stand trial?

His lawyers say more medical examinations are needed before the International Criminal Court can make that determination.

The former president’s defense team is challenging the findings of an ICC-appointed medical panel, arguing that the assessment did not fully address whether his reported memory and executive-function problems could affect his ability to participate in the proceedings.

The panel, composed of experts in forensic psychiatry, geriatric and behavioral neurology, and neuropsychology, found that Duterte “retains all the capacities necessary to participate meaningfully in the trial,” according to the defense filing.

Lawyer Peter Haynes, however, questioned how the experts reached that conclusion, saying Duterte’s responses during their interviews and the medical records provided to them appeared to point to unresolved concerns.

The defense argued that the panel had yet to establish whether Duterte’s acknowledged memory and executive-function impairments were caused by a neurological condition that could affect his ability to exercise his trial rights.

Haynes also said one expert did not conduct all the examinations needed to determine Duterte’s capacity to fully participate in the proceedings.

“The defense does not seek to supplant the professors’ expertise,” he wrote, as quoted by the Philstar.

Instead, Haynes urged the experts to follow the Trial Chamber’s instructions and conduct all available examinations, particularly those that do not depend on

Duterte’s cooperation. The defense has asked judges to order the neurologist to conduct the necessary additional tests.

The prosecution has urged the Trial Chamber to declare Duterte fit to stand trial, with ICC acting prosecutor Mame Mandiaye Niang citing the medical experts’ findings.

The observations were submitted ahead of Wednesday’s status conference, where Duterte appeared in person before the ICC for the first time. Presiding Judge Joanna Korner said the judges would issue a written decision on his fitness and the defense request.

In the Philippines, Palace press officer Claire Castro said Duterte appeared to be in good condition based on live footage of the hearing.

“We have seen that the condition of former president Duterte seems to be good. And we have seen that he seems to have accepted that his trial at the ICC would continue,” she said in the same article.

Senators Robinhood Padilla and JV Ejercito, meanwhile, expressed sadness over Duterte’s physical appearance.

Padilla said he became emotional while watching the former president’s first in-person appearance before the tribunal, although he was also glad to see him.

Ejercito likewise said Duterte looked frail and noted his long hair.

Asked about victims of alleged extrajudicial killings during the Duterte administration, Ejercito said the matter should be left to the justice system and ultimately judged by history.(MyTVCebu)