Duterte lawyer cites ex-president’s health in ICC hearing delay

Metro Manila, Philippines - Former President Rodrigo Duterte’s lead counsel said his client’s worsening medical condition has left him unable to properly participate in his defense, as the International Criminal Court (ICC) postponed a hearing in his crimes-against-humanity case.

“The hearing on the confirmation of charges has been postponed and the reason for this has been disclosed by the judges,” Nicholas Kaufman said in a statement to NewsWatch Plus.

“Ever since his precipitous and traumatic rendition, the Defence has been struggling with the former President’s progressively deteriorating medical situation which has affected his ability to assimilate the evidence and to give his lawyers proper instructions,” he said.

Kaufman said the request was supported by medical experts, not only those retained by the defense.

“Out of respect for the former President’s legacy, the Defence would not raise such a plea were it not supported by leading medical experts including one not selected by the Defence,” Kaufmann said.

He added that all parties recognized the need for judicial determination.

“All litigants - Prosecution, Defence and the Office of the Public Counsel for Victims agree that the matter requires judicial determination and for anyone to suggest otherwise would be a malicious insult to all those involved and affected,” Kaufman said. “While the former President remains in good spirits, his age and the conditions of detention have taken their toll on him.”

Kaufman appealed to the Philippine government to allow Duterte to return home while proceedings continue.

“The Defence sincerely hopes that the current administration which sought fit to outsource its obligation to afford the former President a fair trial in the country of his birth will now let him return home, with dignity, for the purpose of interim release until the end of all legal proceedings,” he said.

On Sept. 8, the ICC Pre-Trial Chamber I ruled that “a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters.” The hearing, originally set for Sept. 23, has no new date.

Judge María del Socorro Flores Liera dissented, and stated that “the request from the Defence should have been rejected” and that “the pre-trial proceedings should have continued, including the confirmation of charges hearing.”

Duterte, 80, was surrendered to the ICC in March after Philippine authorities served an arrest warrant on charges of crimes against humanity for murder. Prosecutors said he is individually responsible as an indirect co-perpetrator for extrajudicial killings between 2011 and 2019.