The International Criminal Court (ICC) has tasked a team of medical experts to assess the medical condition of former president Rodrigo Duterte and determine his fitness to stand trial and attend the legal proceedings against him in relation to the crimes against humanity of murder charges he is facing.
A document dated Oct. 9 showed that the ICC has already appointed “a multidisciplinary panel of experts” and that the Prosecution agreed with the Registry’s recommendation that the panel of experts should consist of a forensic psychiatrist, a neuropsychologist, and a behavioral neurologist.
“The Prosecution notes that these experts were each identified as suitable experts by the Registry independent of any recommendation by the Prosecution or the Defence and have confirmed their interest and availability to the Registry,” the prosecution said.According to the Chamber’s order, the appointed experts must determine and assess the following: whether the former president suffers from any medical condition and if this affects his ability to take part in the pre-trial proceedings, whether there must by any “special measures or adjustments” to address this condition, and whether he has the capacity to understand the purpose and consequences of the proceedings, the pleadings to the charges, and the evidence.
The medical experts should also assess if the former chief executive can testify or give an unsworn statement and instruct his counsel.
If the medical experts find mental capacity impairment on Duterte, the prosecution asks for them to specify the affected areas of mental capacity and assess if these are reversible or irreversible and whether there are contributing factors that can exacerbate the conditions.
The prosecution furthered that the Chamber must instruct all parties concerned “to refrain from any contact with the experts, unless authorized by the Chamber.”
“Finally, the Prosecution requests that the Chamber encourage the Registry to accelerate the estimated five-week timeline it has provided to translate the relevant material. An accelerated timeline for translations will help to ensure that the issue of Mr. Duterte’s fitness is resolved swiftly,” it added.
The former president, last seen by the public via teleconference on March 14, was supposed to attend the confirmation of charges hearing on Sept. 23 but this was postponed by the pre-trial chamber after his defense team claimed he was unfit to stand trial.
The defense team is also seeking for an indefinite adjournment of all legal proceedings against Duterte, citing his deteriorating cognitive abilities. Nicholas Kaufman, his lead counsel, said that the former chief executive was having difficulties recalling events, dates, and names.
This is contrary to remarks made by Vice President Sara Duterte and other family members who have visited Duterte as they have all claimed he was “okay” and could even talk about politics and current events.