MANILA, Philippines – Former Philippine president Rodrigo Duterte has “deteriorating cognitive situation” that stops him from “[recalling] occasions, locations, timing and even members of his shut household and Protection workforce,” his lead protection lawyer Nicholas Kaufman advised the Worldwide Felony Court docket (ICC).
These particulars are contained in a newly-publicized submitting by the protection workforce.
On this submitting, Kaufman requested the ICC pre-trial chamber to indefinitely cease all authorized proceedings, saying that Duterte is “unfit to face trial.” The results of this request was the pre-trial chamber voting 2-1 to postpone the unique September 23 schedule of the affirmation of prices listening to. The pre-trial chamber has but to determine on whether or not it is going to indefinitely cease the proceedings.
What occurs now?
The pre-trial chamber will now “decide whether or not Mr. Duterte is match to comply with and take part within the pre-trial continuing,” it stated in its break up choice to postpone the listening to that may affirm or reject the costs of crimes towards humanity of homicide over the 1000’s of killings by the Davao Demise Squad and within the battle on medication.
Below Rule 113 of the ICC’s guidelines of process, the pre-trial chamber might “order..a medical, psychological, or psychiatric examination.” The pre-trial chamber, in accordance with the principles, “shall appoint a number of consultants from the record of consultants accredited by the Registrar, or an professional accredited by the pre-trial chamber on the request of a celebration.”
A preliminary report from a registry-approved professional
Most of what the protection has alleged about Duterte’s “deteriorating” situation got here from the analysis of their very own neuropsychologist who was allowed to look at the previous president contained in the detention heart.
Their neuropsychologist stated Duterte’s “diploma of cognitive decline renders him unfit to face trial,” and that “judicial lodging, e.g. listening to help, breaks, simplified language, summaries are unlikely to revive useful capability enough for full trial participation.”
This report was finalized on August 13. However earlier than that, on July 17, a medical officer from the ICC detention heart did a neuropsychological analysis on Duterte, which famous “a decline in reminiscence, government functioning, and visuo-constructive skills.”
Afterwards, on July 21, an MRI was carried out on Duterte and the defense-appointed neuropsychologist was in a position to study him contained in the detention heart.
“Because of this, the medical information introduced to the Pre-Trial Chamber is neither partisan nor self-serving,” stated Kaufman, including that they had been forbidden to speak with the detention heart medical officer.
Kristina Conti, a lawyer for the victims, additionally famous that the ICC detention’s medical officer “didn’t opine that Duterte isn’t match to face trial.” She known as the conclusion of the protection’s personal professional “not unbiased.”
Kaufman, on this request, complained of “the bureaucratic purple tape that the Registry had utilized so as to forestall the Protection from attaining a well timed and full image of Mr. Duterte’s well being.” The registry is the impartial arm of the ICC, tasked to supply administrative and operational help to all different providers of the courtroom. For instance, it approves visitation requests.
At any time when his kids visited him in The Hague, they reported to their supporters the conversations that they had, starting from authorized technique to present occasions to household issues.
Conti famous how Duterte’s youngest, Veronica or “Kitty”, advised the general public that “there was no cause to fret about her father.”
“However by the previous 4 months, Duterte’s lawyer Nicholas Kaufman had been making an attempt to persuade the ICC that he’s mentally deteriorating,” stated Conti. “Who ought to we consider between Duterte’s kids and Duterte’s lawyer?” she requested.
How does the ICC deal with well being situations?
Ugandan Lord’s Resistance Military (LRA) chief Dominic Ongwen had achieved this earlier than in his personal case, the place he repeatedly argued he was unfit to face trial. Additionally they repeatedly requested the ICC to order a medical examination, however these had been rejected by the trial chamber aside from one occasion in 2019 when judges ordered the detention heart’s medical officer to supply a report on whether or not Ongwen may attend the subsequent listening to.
The ICC additionally needed to cancel many hearings because of the suspect’s well being situation. Ongwen’s protection workforce additionally accused the ICC of “not accommodating them quick sufficient or not believing there’s advantage to them,” as said of their closing assertion earlier than judgment.
Ultimately, a medical report ordered by the ICC trial chamber stated that whereas Ongwen suffered “from varied psychological diseases, he’s “oriented in time, oriented vis-a-vis his atmosphere and himself,” as said within the judgment.
In an earlier choice in 2016, the ICC trial chamber stated that health to face trial means the suspect can meaningfully take part within the proceedings. “It doesn’t require that the individual be capable of train them as if she or he had been skilled as a lawyer or judicial officer,” the trial chamber stated again then in Ongwen’s case.
“The query of whether or not an accused is unfit to face trial doesn’t concern, in and of itself, whether or not she or he has explicit medical situations, however whether or not the accused is ready to train successfully his honest trial rights within the proceedings towards him no matter the existence of any such medical situation,” stated Ongwen’s chamber.
Ultimately, Ongwen was discovered responsible and sentenced to 25 years.
Nonetheless, Ongwen was a lot youthful at his time of trial – solely 45 years outdated, in comparison with Duterte who simply turned 80.
In her dissenting opinion to the postponement, Decide María del Socorro Flores Liera stated the 2 different judges shouldn’t have postponed Duterte’s affirmation of prices listening to as a result of figuring out one’s health to face trial is the competence of the trial chamber, not the pre-trial chamber.
Philippine human rights teams have slammed the postponement. The Ateneo Human Rights Heart (AHRC) stated the trial also needs to be honest to victims.
“Ang mga pamilyang naulila na hanggang ngayon ay dumaranas ng pangamba at kawalan ng hustisya ay hindi dapat muling gawing biktima ng pagkaantala,” stated the AHRC.
(Households who’ve misplaced family members endure till now from nervousness and lack of justice, and so they shouldn’t be victimized once more by delays.)
Might Duterte be heading residence?
On high of a request to indefinitely cease proceedings as a result of his well being, the protection workforce has reiterated its request for momentary freedom, citing Duterte’s bodily incapacity to manifest any of the danger elements, comparable to intimidating victims. The request has been strongly opposed by the prosecution and the victims.
The interim launch request talks of an undisclosed third get together nation that’s “nicely outdoors the geographic scope” of the Philippines.
Ought to Duterte now need to go residence to the Philippines, he would want President Ferdinand Marcos Jr.’s consent to facilitate situations which may be imposed by the courtroom. The settlement of the nation that may absorb Duterte throughout this time is essential to the courtroom’s choice to both approve or disapprove the request.
There may be additionally a pending jurisdictional query, which has not been determined upon.
The AHRC additionally urged the ICC pre-trial chamber to nominate as quickly as doable the victims’ authorized consultant. Thus far, the ICC’s personal OPCV or Workplace of the Public Counsel for Victims has been talking for victims earlier than the courtroom.
The courtroom can appoint their authorized consultant — there are at present three ICC-accredited Filipinos who’re dealing with instances of teams of drug battle victims: Joel Butuyan, Gilbert Andres, and Conti.
“Ito ay mahalagang garantiya na ang tunay na hustisya ay hindi nagsasantabi; bagkus ay kumikilala at nagpapahalaga sa karapatan at tinig ng mga biktima,” stated the AHRC.
(This is a vital assure that true justice isn’t being put aside, however slightly acknowledges and attaches significance to the rights of victims.) – Rappler.com
