THE International Criminal Court has rejected the appeal of former president Rodrigo Duterte’s camp to overturn the earlier ruling that deemed him fit to stand trial.
“An appealable ‘issue’ is an identifiable subject or topic requiring a decision for its resolution, not merely a question over which there is disagreement or conflicting opinion … [I]t must emanate from the relevant decision itself and cannot represent a hypothetical concern or abstract legal question,” the Feb. 13 ICC Pre-Trial Chamber I decision said rejecting the defense’s appeal.
The ICC ruled on Jan. 26 that Duterte, who turns 81 in March, is fit to take part in the pre-trial and denied his request for an indefinite adjournment of the proceedings. His camp filed an appeal on Feb. 2, citing four issues:
That the Pre-Trial Chamber “erred in fact and in law by ignoring relevant clinical evidence on Duterte’s lack of fitness to stand trial”;
That the chamber “erred in law by rejecting the Defense request to hold a hearing on Duterte’s purported fitness”;
That the chamber “erred in law by failing to articulate coherently its reasoning” as to why it believed Duterte is fit to proceed to the confirmation hearing, and;
That the chamber “erred in law in confining its assessment” of Duterte’s fitness to the pre-trial phase and in failing to consider the impact of its finding on Duterte’s ability to stand trial.
The Pre-Trial Chamber I reasoned that the defense, in its first proposed issue, misrepresents the relevant findings made in the Jan. 26 decision, pointing out that the reports it provided were given to the panel of medical experts, who took them into consideration when they assessed Duterte’s health condition.
It also argued that the defense “failed to substantiate that there is any strident conflict or significant inconsistency which is capable of undermining the overall weight of the general joint conclusion on fitness.”
On the issue of supposedly failing to articulate why it believed Duterte is fit to stand trial, the chamber said it decided “to consider solely” the panel of experts’ conclusion, which in itself integrated the defense’s medical report, “to ensure the fairness of the proceedings.”
“[T]he Chamber gave clear and exhaustive instructions to the Experts as to the factual assessment they were required to carry out in order for the Chamber to proceed to its legal determination on Mr. Duterte’s fitness to participate in the proceedings,” it said.
“These instructions also reflect the elements, including the relevant rights of the suspect, on which the Panel had to focus to provide its conclusions. The Panel’s Reports specifically addressed these points, and the Chamber made findings based on the Panel’s conclusions,” it added.
Lastly, the chamber noted that its Jan. 26 decision “does not prejudge” Duterte’s fitness to stand trial nor preclude any chamber of the Court to revisit the issue should the need arise.
“Accordingly, the Chamber is of the view that the Fourth Proposed Issue is not able to significantly affect the fairness of the proceedings,” it said.
The ICC is scheduled to hold the confirmation hearing of Duterte on Feb. 23 in The Hague, the Netherlands to determine whether there is sufficient evidence to establish grounds to believe that he committed the crime against humanity in connection with the so-called drug war when he was Davao City mayor and president of the Philippines.
Also on Friday, the Pre-Trial Chamber I authorized the participation of 500 individuals in the pre-trial proceedings, forming part of Group A or persons “who clearly qualify as victims.”
The ICC adopted a system for transmission and admission of victim applications, classifying them into three categories: Group A or applicants who clearly qualify as victims; Group B or applicants who clearly do not qualify as victims; and Group C or applicants for whom the court could not make a clear determination for any reason. Philippine News Agency
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