Duterte Defense Cites Cognitive Decline, Seeks Indefinite ICC Adjournment
The International Criminal Court (ICC) has postponed a hearing to confirm charges against former Philippine President Rodrigo Duterte, following a defense submission arguing he is unfit to stand trial due to notable cognitive decline.
duterte’s lawyer, Nicholas Kaufman, detailed in a redacted filing released September 11th, that the 80-year-old former president experiences severe memory impairment, impacting his ability to recall events, locations, timelines, and even family members. Kaufman asserted this renders Duterte incapable of understanding the legal proceedings against him or meaningfully contributing to his defense.
“He is not even able to process the reasons for his detention,” Kaufman stated, adding that even with medical intervention, Duterte’s condition is expected to remain stable at best, and likely worsen. The defense request calls for an indefinite adjournment of all legal proceedings,arguing a trial would not serve the interests of justice given his incapacitation.Judge María del Socorro Flores Liera dissented from the decision to postpone the September 23rd hearing,made by Presiding Judge iulia Motoc and Judge Reine Alapini-Gansou.
Duterte is currently detained in The Hague, facing allegations of crimes against humanity related to the deadly “war on drugs” implemented during his time as mayor of Davao City and as President of the Philippines.Official government figures report over 6,000 deaths in police operations during this period, though human rights organizations estimate the actual toll may exceed 30,000, including unreported incidents.
More than 300 victims of the drug war have applied to participate in the ICC case. The ICC Prosecutor has submitted twelve batches of evidence to date, containing hundreds to thousands of items.
In August, Duterte, through his legal counsel, renewed a request for interim release to an undisclosed country, offering to comply with any conditions set by the court. Families of drug war victims have expressed concerns about potential retaliation should Duterte be allowed to return to the Philippines,according to ICC assistant to counsel Atty. Kristina Conti.