Rodrigo Duterte's ICC appearance indicates he is fit for trial, Colmenares says - GMA Network

Former President Rodrigo Duterte’s appearance at an International Criminal Court (ICC) status conference indicates that he is capable of understanding the proceedings and is fit to stand trial, lawyer of alleged drug war victims Atty. Neri Colmenares said on Thursday.

Colmenares said some of his clients were encouraged after seeing Duterte attend the status conference as the former president appeared to understand what was happening and recognized his supporters in the gallery.

“Naipakita na puwede si President Duterte, fit siya for trial kasi naiintindihan niya yung nangyayari. Marunong pa siyang kumaway sa mga supporters niya. Alam niya kung saan doon sa gallery ang supporters niya,” he told GMA News’ Unang Balita in an interview.

(It has been shown that President Duterte is fit for trial because he understands what is happening. He can still wave to his supporters. He knows where his supporters are in the gallery.)

“So hindi puwedeng masabi na hindi na siya fit for trial dahil 'di na siya makaalaala o malimutin na siya na hindi naman talaga dahilan for declaring him unfit for trial,” he added.

(So it cannot be said that he is no longer fit for trial because he can no longer remember or forget, which is not really a reason for declaring him unfit for trial.)

While acknowledging that the reasons behind Duterte’s decision to personally attend the hearing were unknown, Colmenares said his presence could indicate that he wanted to personally hear and understand what was happening in his case.

Colmenares said the families of alleged drug war victims want the ICC proceedings to move as quickly as possible, pointing out that nearly 10 years have passed since their relatives were killed.

He said the status conference is intended to streamline the proceedings by discussing stipulations and other facts that may no longer need to be established through witnesses and additional evidence.

Colmenares said the victims’ families were surprised by the prosecution’s statement that the defense had not agreed to any of the 52 proposed stipulations of fact.

“Halimbawa, i-prove pa nila na naging mayor siya ng Davao. Pampatagal kasi yun. Mag-present ka pa ba ng witness para pruwebahan na naging mayor siya ng Davao? ” he said.

(For example, they will have to prove that he became mayor of Davao. That's a delay. Will you need to present a witness just to prove that he became mayor of Davao?)

According to Colmenares, agreeing on undisputed facts could help shorten the trial without compromising the parties’ due process rights.

The prosecution has estimated that it will need 193 hours to present its case. Colmenares said the period could still be shortened.

Colmenares said both the prosecution and defense could streamline their presentations by focusing on their most important evidence and witnesses.

As the defense has raised concerns about whether Duterte would be able to endure the proceedings when the trial is scheduled to begin on November 30, Colmenares said speeding up the proceedings is important considering Duterte is already elderly.

Colmenares said the victims’ families want Duterte to remain healthy as they want the case to proceed to a judgment rather than be dismissed because something happened to the former president. —Joviland Rita/ VAL, GMA News