Duterte's camp to challenge ICC ruling on FPRRD's fitness to stand trial
Former president Rodrigo Duterte (ICC Photos)
The camp of former president Rodrigo Duterte will appeal the International Criminal Court (ICC) Pre-Trial Chamber 1's ruling that he is fit to stand trial, arguing that the former leader was denied due process.
Lawyer Nicholas Kaufman, Duterte's lead counsel, expressed disappointment after the chamber rejected on Monday, Jan. 26, the defense’s request to indefinitely adjourn the proceedings, which argued that Duterte was not medically fit to take part in the case.
After considering the applicable legal standards, the medical assessments, and the overall circumstances of the case, the chamber ruled that Duterte is able to effectively exercise his procedural rights, according to ICC.
"The Defence is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges," Kaufman said in a statement.
"The Defence will seek leave to appeal this decision and argue that Mr. Duterte was denied due process," he added.
Following the finding, the ICC set to resume the pre-trial proceedings and confirmation of charges for Duterte, who is detained and facing crimes against humanity charges in The Hague, on Feb. 23, or over four months from its original schedule.
The court stated that it will issue a separate order setting a detailed schedule and directions for the hearing, including any measures recommended by medical experts to facilitate Duterte’s participation.
The ICC explained that the confirmation of charges hearing will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte committed each of the crimes charged.