DAVAO CITY, Philippines – The confirmation of charges hearing against former President Rodrigo Duterte at the International Criminal Court (ICC) was postponed after his defense lawyer claimed the former president is “unfit” to stand trial.
The postponement of the hearing which was supposedly set on September 23 upset human rights lawyers who represent the victims of Duterte’s drug war, claiming this is one of the ploys of the Duterte camp to delay the trial.
In a statement, the ICC said they are still determining the schedule of the hearing as they will respond to the request of defense lawyer Nicolas Kaufman for the postponement.
“The majority of the Chamber considered that a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters. The Chamber will, if applicable, set a specific date once it has addressed such outstanding matters,” its statement said.
Under the ICC process, the confirmation of charges hearing is set to determine if there is enough evidence to establish the accused of the crimes charged. If found to be substantial, the ICC will conduct a trial.
Duterte is facing charges of crimes against humanity for the thousands killed under his war on drugs campaign for decades since his term as Davao City mayor up to his presidency from 2011 to 2019. This was the period when the Philippines was a member of the ICC.
Families of the victims and lawyers long appealed to the ICC since 2018 to look into the killings, citing the failure of the Philippine authorities to investigate incidents of police abuse in the killings. Duterte has also in numerous times emboldened police officers to shoot at criminals.
Kaufman in a statement explained that Duterte’s health situation is “deteriorating” and is affecting their preparation for the case.
“Ever since his precipitous and traumatic rendition, the Defence has been struggling with the former President’s progressively deteriorating medical situation which has affected his ability to assimilate the evidence and to give his lawyers proper instructions. Out of respect for the former President’s legacy, the Defence would not raise such a plea were it not supported by leading medical experts, including one not selected by the Defence,” Kaufman said.
But the families of victims and their lawyers rejected this line saying this is a “time-worn” tactic from the camp of the Dutertes to gain sympathy from their supporters.
“Duterte is notorious for drama and antics of obfuscation. And Filipinos have seen this tactic one time too many. We will not fall for a desperate, time-worn, and calculated ploy to paint himself aggrieved. Fitness for trial is a factual matter that can and should be decided soonest, so that trial on the merits can proceed,” this was the joint statement of the National Union of Peoples’ Lawyers and the alliance Rise Up.
Atty. Kristina Conti of NUPL, who is also assistant to counsel at the ICC, said the defense could waive Duterte’s right to be present at the confirmation hearing as laid down by the ICC rules of procedure and Kaufman could represent him.
Conti said the prosecution and the victims are ready for the hearing, as some have applied and are undergoing the process to participate in the case.
“They are eager to join the proceeding, in the hope that they can finally attain justice,” said Conti.(davaotoday.com)
