THE HAGUE, Jan 27 — International Criminal Court (ICC) judges have ruled that former Philippine president Rodrigo Duterte, 80, is fit to attend pre-trial hearings and will hold a confirmation of charges hearing on February 23, the court said yesterday.
His defence had said that Duterte, who is being held in The Hague over murders committed during his war on drugs, could not stand trial due to cognitive decline.
Judges said in a statement that a report by independent medical experts found Duterte would be able to understand and participate in his case.
They recalled that for someone to be deemed fit to take part in their case, it is enough that they have a broad understanding of the procedures, not that they operate at their highest level.
“The Chamber is satisfied, in law, that Mr Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings,” the judges said.
It is rare for international courts to find suspects, even elderly ones, wholly unfit for trial. The ICC has never found a suspect unfit for trial despite several other defendants’ petitions.
Duterte served as president of the Philippines from 2016 to 2022 and was arrested and taken to The Hague last March.
Duterte’s counsel Nicholas Kaufman said in a statement that the defence was disappointed after being denied the chance to present its own medical evidence and question the findings in court.
“The defence will seek leave to appeal this decision and argue that Mr Duterte was denied due process,” Kaufman said.
According to ICC prosecutors, Duterte created, funded and armed death squads during his war on drugs when thousands of alleged narcotics peddlers and users were killed.
Judges also set a new date for his confirmation of charges hearing. Prosecutors want to charge Duterte with three counts of murder as a crime against humanity involving over 75 victims, but under the ICC system judges will have to confirm the charges after separate hearings before the case can move to trial.
According to police, 6,200 suspects were killed during anti-drug operations under Duterte’s presidency, but activists say the real toll is far higher and the ICC prosecutor has said as many as 30,000 people may have died.
Duterte has long insisted he instructed police to kill only in self-defence and has always defended the crackdown, repeatedly telling his supporters he was ready to “rot in jail” if it meant ridding the Philippines of illicit drugs.
