ICC: Duterte received due process, rejects defense claims in pre-trial ruling

Metro Manila, Philippines – The International Criminal Court has rejected claims by former President Rodrigo Duterte’s lawyers that he was denied due process, ruling that judges ensured a fair and impartial process in determining he is fit to take part in pretrial proceedings.

In a decision released this week, the ICC’s Pre-Trial Chamber cleared the way for the long-delayed confirmation of charges hearing to resume, after finding that Duterte has the mental and legal capacity to understand the case against him and instruct his lawyers.

“The judges were satisfied that Mr. Duterte was able to effectively exercise his procedural rights and was fit to take part in the pretrial proceedings,” ICC spokesperson Orianne Maillet said in an exclusive interview on ‘The Newsmaker’. 

“They reviewed the relevant legal principles, the medical assessment of independent experts, and all the circumstances of the case,” she said.

Duterte’s defense criticized the ruling, saying it was denied the opportunity to present its own medical evidence and arguing that the process violated his right to due process. 

The court disagreed, saying judges took specific steps to ensure neutrality and fairness, including appointing an independent panel of medical experts and allowing all parties to submit observations on the findings.

The ruling applies only to the pretrial phase and does not determine whether Duterte will ultimately stand trial.

“We are at the pretrial phase,” Maie said. “The confirmation of charges is not a trial.”

Judges said Duterte has the capacity to understand the charges, follow the evidence, comprehend the purpose and possible consequences of the proceedings, and instruct counsel — key requirements for participation at this stage.

The confirmation of charges hearing is scheduled to begin Feb. 23 at the ICC in The Hague, where judges will decide whether prosecutors have sufficient evidence to send the case to trial. A written decision is expected within 60 days after the hearing.

Duterte faces charges of crimes against humanity over killings linked to his anti-drug campaign during his time as Davao City mayor and later as president. He has denied the allegations.