The long-anticipated ruling on whether former president Rodrigo Duterte is fit to stand trial is expected to be issued by the International Criminal Court (ICC) in January, following the findings of a panel of medical experts who unanimously concluded that the octogenarian is capable of participating in the pre-trial proceedings.

One of the lawyers of the drug war victims, Kristina Conti, projected that the ICC Pre-Trial Chamber I (PTC-I) will issue the decision by next month, along with the new schedule for the confirmation of charges hearing, which was deferred in September in favor of the defense to assess Duterte’s condition due to his “cognitive impairment.”

“What’s next is we wait for the judges to decide. All of the experts agree that he is fit to stand trial. One, he understands what is happening, and two, he can comprehend the consequences of what’s happening,” Conti said in an interview Friday. 

She said the defense would have to wait for the PTC-I’s verdict, as they “cannot oppose outright” the medical findings that found Duterte is fit to stand trial. 

“After they decide, just in case, that (Duterte) is fit to stand trial, they can appeal the judges’ decision,” she said. 

The examination report of the medical experts appointed by the ICC is not yet publicly available. 

However, the counter-submissions from both the defense and the prosecution confirm that the panel found Duterte mentally sound to participate in the proceedings, contrary to his lawyer’s claim. 

Duterte’s lead counsel, Nicholas Kaufman, raised strong objections to the findings, asserting that each member of the panel “reached his conclusions stridently [in] conflict with those of the others.”

Accordingly, he petitioned for an evidentiary hearing to cross-examine the experts on how they reached their conclusion before the PTC-I rendered its decision.

Counsel cites inconsistencies

“Such internal inconsistencies undermine the overall weight of the general joint conclusion on fitness. Before rendering a decision on the matter, the Pre-Trial Chamber must seek further clarification,” Kaufman said in the filing dated 18 December. 

ICC Deputy Prosecutor Mame Mandiaye Niang, by contrast, said  the experts’ report clearly demonstrated that Duterte was fit to participate in the pre-trial proceedings, citing the “clear” and “unanimous” nature of the findings. 

Niang contended that the findings were reliable and the methodology employed was “robust,” and that Duterte was merely “feigning cognitive impairments in an attempt to avoid a trial on the merits.”

“Panel members individually reached the same overall conclusion that, while frail and elderly, Mr. Duterte nevertheless possesses the necessary capacities to exercise his procedural and fair trial rights meaningfully,” Niang asserted, adding that the PTC-I should immediately resume the proceedings on the confirmation of charges.

In the same vein, the legal counsel of the drug war victims — Paolina Massida — strongly urged the PTC-I  to declare Duterte “fit to participate in the proceedings and to set the date for the confirmation of charges hearing without further delay,” citing the victims’ right to a speedy process.

Massida also petitioned the PTC-I to reject the defense’s request for the information of several victims, who may also stand as prosecution witnesses in the trial, arguing that the information in question is not necessary for the preparation of its case.

She warned that granting the same will “potentially lead to the disclosure of the identities of the victims,” which may jeopardize their security pending trial.

“For the foregoing reasons, the legal representative respectfully requests the chamber to reject the request,” Massida said.

Duterte has been in the ICC’s custody at The Hague, Netherlands, since his arrest on 11 March this year in Manila. 

He was scheduled to appear before the PTC-I judges on 23 September for the confirmation of charges hearing. This was postponed indefinitely, however, following a petition by the defense that declared the former leader “unfit to stand trial.”

Duterte is facing three counts of murder for crimes against humanity in connection with  his brutal war on drugs which saw more than 6,000 deaths based on government figures. Rights watchdogs, however,  estimated the death toll exceeded 30,000, most of them poor.