ICC Postpones Duterte Hearing Amid Claims of ‘Deteriorating Cognitive Condition’
THE HAGUE – The International Criminal Court (ICC) has postponed the confirmation of charges hearing for former Philippine President Rodrigo Duterte, citing concerns over his health. The decision follows a request from Duterte’s defense team to indefinitely halt proceedings due to his deteriorating condition.
Duterte’s lawyer has stated the former president suffers from a “deteriorating cognitive condition,” though details remain undisclosed. The defense has also reiterated a request for Duterte’s temporary release, arguing his physical state prevents him from posing risks like victim intimidation, and suggesting a potential relocation to a country “well outside the geographic scope” of the Philippines. The prosecution and victims strongly oppose the release request.
the postponement has drawn criticism from Philippine human rights groups, including the Ateneo Human Rights Center (AHRC), which argued that further delays victimize families still suffering from anxiety and a lack of justice. “Ang mga pamilyang naulila na hanggang ngayon ay dumaranas ng pangamba at kawalan ng hustisya ay hindi dapat muling gawing biktima ng pagkaantala,” the AHRC stated. (Families who have lost loved ones suffer until now from anxiety and lack of justice, and they should not be victimized again by delays.)
Judge María del Socorro flores liera dissented from the postponement, asserting that determining a defendant’s fitness to stand trial falls within the purview of the trial chamber, not the pre-trial chamber.
The ICC previously addressed the issue of fitness to stand trial in the case of Dominic Ongwen, stating in 2021, “The question of whether an accused is unfit to stand trial does not concern, in and of itself, whether he or she has particular medical conditions, but whether the accused is able to exercise effectively his fair trial rights in the proceedings against him irrespective of the existence of any such medical condition.” Ongwen was ultimately found guilty and sentenced to 25 years. Duterte, at 80 years old, is significantly older than Ongwen was at the time of his trial (45 years old).
Several procedural matters remain outstanding, including a pending jurisdictional question. The AHRC has also urged the ICC to promptly appoint a legal representative for the victims, currently represented by the court’s Office of the Public Counsel for Victims. Three ICC-accredited Filipino lawyers – Joel Butuyan, Gilbert Andres, and Conti – are potential candidates. “Ito ay mahalagang garantiya na ang tunay na hustisja ay hindi nagsasantabi; bagkus ay kumikilala at nagpapahalaga sa karapatan at tinig ng mga biktima,” the AHRC said. (This is an vital guarantee that true justice is not being set aside, but rather recognizes and attaches importance to the rights of victims.)
Should Duterte seek to return to the Philippines, he would require the consent of President Ferdinand Marcos Jr.to facilitate any court-imposed conditions.The agreement of any country potentially hosting Duterte during proceedings is also crucial to the court’s decision-making process.
