INTERNATIONAL Criminal Court (ICC) assistant to victims’ counsel Kristina Conti on Wednesday said she is optimistic that the ICC Appeals Chamber will dismiss former President Rodrigo R. Duterte’s challenge against a ruling that found him fit to stand trial.
“I am confident that when it reaches the Appeals Chamber, they will not favor or side with the defense’s claims regarding the Pre-Trial Chamber’s alleged errors,” Ms. Conti told reporters at the Department of Justice.
The former president’s legal team has requested the Pre-Trial Chamber to appeal the ruling, arguing that Mr. Duterte’s “cognitive deterioration” renders meaningful participation in the proceedings impossible.
Citing neurological reports of memory deficits and impaired executive function, his lawyer claimed that “Mr. Duterte is unable to process information in a manner that will enable him to exercise, meaningfully, his rights before this Court.”
The defense further argued that no proper clinical assessment was conducted before the Court declared him “fully mentally aware and fit,” seeking urgent intervention to “ensure that the pre-trial proceedings proceed on a sound basis.”
Ms. Conti said that the defense’s attempts to delay the case have taken a toll on the families of drug war victims.
“The uncertainty causes them great anxiety. And the big question is always whether the hearing will push through,” she said. “For us and our coordination with the ICC, this will proceed because, on the part of the Pre-Trial Chamber… there are no more pending issues.”
In January, the Pre-Trial Chamber denied Mr. Duterte’s request for an indefinite adjournment, ruling that he is fit to participate. The confirmation of charges hearing is currently scheduled to commence on Feb. 23. — Erika Mae P. Sinaking
