Indefinite suspension of trial sought due to Duterte’s ‘unfixable mental condition’

National

IRREVERSIBLE cognitive impairment, according to his lawyer, renders former president Rodrigo Duterte unfit to stand trial, prompting an appeal to the International Criminal Court (ICC) to adjourn hearings indefinitely.

In a filing dated September 11, defense counsel Nicholas Kauffman urged ICC Pre-Trial Chamber 1 to stop proceedings, saying Duterte’s condition “will not improve.”

Kauffman said further examinations are unnecessary since the court has already been provided with extensive medical data.

These records, he noted, were reviewed not only by defense-appointed specialists but also by a neuropsychologist engaged by the ICC’s own medical officer.

According to him, the findings showed significant cognitive deficiencies affecting Duterte’s memory, reasoning, orientation, and executive functioning.

“The aforementioned cognitive deficiencies have been diagnosed not just by the two Defence experts but also by a neuropsychologist instructed by the Medical Officer at the ICC Detention Centre at the specific request of the Registrar. For this reason, the medical data presented to the Pre-Trial Chamber is neither partisan nor self-serving,” Kauffman said in a Philstar report.

The neuropsychologist’s assessment, included in the submission, stated that Duterte lacks the ability to retain and apply information needed to assist his legal team. It further noted he would be unable to recall details from the period relevant to the case and therefore could not provide testimony or meaningfully participate in the proceedings.

The ICC pre-trial chamber has already voted to postpone the confirmation of charges hearing, which was set for September 23. A decision on whether to suspend proceedings indefinitely has not yet been made.

Duterte faces charges of crimes against humanity over at least 43 killings linked to the so-called Davao Death Squad and to police operations carried out during his presidency.

The incidents under investigation occurred between November 1, 2011 and March 16, 2019. The government has acknowledged about 6,000 deaths in the anti-drug campaign, but human rights groups estimate the toll could be as high as 30,000, many of them low-level drug suspects.

Despite claims of severe cognitive decline, Duterte’s daughter, Vice President Sara Duterte, has visited him in detention. She said the ICC barred her from revealing details of their conversations but confirmed that she shared a “message” from her father with overseas Filipino workers in the Netherlands.(MyTVCebu)