ICC to assess if Duterte is fit to stand trial after denial of interim release

By Erika Mae P. Sinaking

THE INTERNATIONAL Criminal Court (ICC) will proceed with the assessment of former President Rodrigo R. Duterte’s fitness to stand trial, a lawyer representing victims of the drug-war killings said on Sunday.

In a unanimous decision on Friday, the ICC’s Appeals Chamber rejected the former Philippine leader’s request for an interim release, keeping him in detention as he faces charges for crimes against humanity.

Maria Kristina C. Conti, ICC assistant to counsel representing victims of the Philippine drug war, said the next stage of the proceedings is already underway and that the immediate issue is the determination of fitness.

“The next decision for the Pre-Trial Chamber is on fitness to stand trial. If he is not fit, the trial will not continue and it will be delayed. He does not walk free, but the proceedings cannot move forward,” she told BusinessWorld on the sidelines of Baha sa Luneta rally, on Sunday.

Medical experts appointed by the Court are assessing Mr. Duterte’s physical and cognitive condition with their findings due on Dec. 5.

“Deadline falls in December, but we expect the decision to come out in January,” she said.

After his fitness is resolved, Ms. Conti said the international tribunal can finally move toward rescheduling the confirmation of charges. “Once that is done, we can probably see the order or the new date for the confirmation [of charges] hearing.”

JURISDICTION IN QUESTION

Another major issue that remains alive before the judges, she said, is the question of jurisdiction raised by the defense.

“Jurisdiction means the ICC has the authority to talk about, discuss, or rule on these issues. If the ICC has no jurisdiction, it will dismiss the case. That would invalidate all further orders in this situation,” Ms. Conti explained.

“We cannot cope with that if that happens. What we can do now is argue definitively that the ICC has jurisdiction and that Duterte is fit to stand trial,” she said.

Ms. Conti added that the number of complaints alone does not determine whether the killings in the drug war constitute crimes under ICC jurisdiction.

“There is no quota. What matters is that the killings were widespread and systematic. There is no magic number. If the court sees that the pattern is widespread, then it is widespread.”

The 15-page warrant issued by the ICC Pre-Trial Chamber in March only cited the case of at least 43 individuals, with at least 19 killed by members of the Davao Death Squad around Davao City during Mr. Duterte’s term as mayor, and at least 24 others killed by or under the supervision of Philippine law enforcers.

Ms. Conti noted that the ICC follows strict legal standards despite political accusations from Mr. Duterte’s supporters. “The ICC is governed by the Rome Statute. That makes it objective in its processes,” she said.

“If there are speeches or acts that rise to the level of offenses against the administration of justice, that falls under article 70. Attacks on the Court, the judges, or the proceedings can reach that level,” she said.

The victims’ counsel said that several victim-support groups, including the National Union of Peoples’ Lawyers, are preparing a consolidated legal team.

“We hope to come before the ICC with a definitive team that represents the victims. Soon enough, the victims will have their counsel of choice,” she said.

The Appeals Chamber’s ruling reiterated that Mr. Duterte remains a flight risk and a potential threat to witnesses, citing his continued political influence, including his re-election as mayor of Davao City in the May polls.

Mr. Duterte’s lawyer, Nicholas Kaufman, said they intend to renew their request for release after the medical findings are submitted.

Meanwhile, the Partido Demokratiko Pilipino issued a statement criticizing the ICC and accusing it of political bias, while calling on supporters to continue praying for Mr. Duterte.

“It is inaccurate to say he is a whipping boy. The ICC has gone after many other officials. Duterte is not the only one before the Court. Several others are also facing charges,” Ms. Conti said.