ICC prosecution asks Trial Chamber III to declare former President Duterte fit for trial - GMA Network

The prosecution has asked the International Criminal Court (ICC) Trial Chamber III to declare former President Rodrigo Duterte, who is facing a crimes against humanity case, fit for trial.

In a document, posted on the ICC website and dated September 14 and posted on the ICC website, ad interim Prosecutor Mame Mandiaye Niang submitted an observation on the Panel of experts' joint and individual reports after Duterte underwent a medical examination.

Niang also said that there is no statutory requirement for a hearing on Duterte's fitness to attend his trial is not necessary.

However, the specifics of the experts’ in-person interview, examination, and assessment of the former president, particularly on his “reduced effort and unreliability,” have been heavily redacted in the document published on the ICC Registry on Monday.

"In this specific case, given that [redacted] since the Panel's assessment of Mr. Duterte, more than six months ago, but rather [redacted] regular [redacted] reassessments may not be necessary. However, if the Chamber be minded to order a reassessment [redacted], it should be carried out by the same panel to ensure continuity," said Niang.

"For the above reasons, the Prosecution requests the Chamber to conclude that Mr. Duterte is capable of meaningfully exercising his procedural and trial rights and that he is fit for trial," the prosecutor added.

The Prosecution also pointed out that the court-appointed experts “conducted a review of the relevant material, including additional medical documents prepared after the date of the Panel’s initial assessment,” and that “where relevant, also interviewed clinicians and custody staff.”

For the trial, scheduled to start on November 30, Niang noted the expert panels’ “practical suggestions” to facilitate the former president’s “effective participation”.

However, the prosecution has redacted these suggestions, but said the “measures are reasonable”. It has also deferred to the ICC Registry to review the “feasibility of their practical implementation”, and to the Chamber’s “discretion in their adoption”.

“In relation specifically to the proposal to commence hearings [REDACTED], the Prosecution flags that exceptions may need to be made in order to accommodate witness testimony [REDACTED],” the prosecutor added.

ICC Trial Chamber III presiding judge Joanna Korner said the chamber expects Duterte to appear in the status conference hearing this month–originally scheduled for September 7 but was moved for September 16.

It remains unclear whether Duterte will appear before the chamber, as the ICC Registry has not published the Defense’s observation or request for their client to waive his appearance. — BAP, GMA News