Drug war victim families reject Duterte unfit for trial claim - lawyer

The Hague, Netherlands- Families of drug war victims are skeptical of claims that Rodrigo Duterte is medically unfit to stand trial before the International Criminal Court (ICC), a lawyer representing them said, in light of health concerns raised by the former president’s family over his detention in The Hague.

Vice President Sara Duterte recently said her 80-year-old father was found unconscious in his cell and has been subjected to lapses in medical care.

She urged the court to allow his temporary release, calling his continued detention “inhumane” and “cruelty.” Duterte has been held at the ICC detention center since March, facing three counts of crimes against humanity over thousands of deaths in his war on drugs.

On the other hand, Kristina Conti, ICC assistant to counsel for the victims, said families remain unconvinced that health issues should delay the case.

“Alam namin hindi naman ayon sa mga biktima yung isyu ng fitness for trial,” Conti told The Newsmaker.

[Translation: We know the victims do not see fitness for trial as the issue.]

She said many families view the defense argument as inconsistent.

“Nung kasagsagan ng patayan, napakalakas niya. Bakit ngayon na usapin na ng pananagutan, eh hindi na siya pwede,” she said.

[Translation: At the height of the killings, he was strong. Why is it only now, when accountability is at stake, that he supposedly cannot face trial?]

Conti said the victims believe the ICC charges should reflect the full scale of alleged abuses.

“Hindi lang dapat murder ang acts of crimes against humanity, but also all other crimes that he committed,” she said.

[Translation: It should not only be murder classified as crimes against humanity, but also other abuses like imprisonment, persecution, and inhumane acts.]

The ICC prosecutor has formally outlined proposed charges against Duterte, which Conti said the defense already had access to since July. While she described the document as “limited,” she noted the prosecution could amend or expand the charges during the confirmation of charges hearing.

Supporters of Duterte said the case is weak, and also denied that widespread killings took place. Conti said this was “almost laughable” with available evidence.

“Hindi na natin pinag-uusapan dito kung may namatay ba o hindi. Ang pinag-uusapan ay kung guilty ba si Duterte ng crimes against humanity,” she said.

[Translation: We are no longer debating whether there were killings — the question is whether Duterte is guilty of crimes against humanity.]

The ICC has said questions over Duterte’s fitness for trial will be determined independently by medical experts and ultimately decided by its judges, without political interference.