No further medical tests for Duterte as ICC clears way for trial

National

THE road to trial is clear for former president Rodrigo Duterte after International Criminal Court (ICC) judges ruled him fit to face crimes against humanity charges, rejecting the defense’s request for further medical examinations.

In a 17-page redacted decision issued Thursday, the court’s Trial Chamber III said the medical assessments sufficiently established Duterte’s ability to participate in proceedings and exercise his procedural and fair trial rights. The trial is scheduled to begin on Nov. 30.

“The Chamber is satisfied that the expert panel’s reports are sufficiently conclusive to make a determination on the accused’s ability to participate in the trial proceedings and to effectively exercise his procedural and fair trial rights,” the decision read.

The ruling was signed by Presiding Judge Joanna Korner and Judges Keebong Paek and Nicolas Guillou. The judges also denied the defense’s request for an additional medical examination and an oral hearing on Duterte’s fitness to stand trial.

The chamber based its decision on reports from a three-member panel tasked with assessing the former president’s medical condition. The experts found no new evidence that would change their earlier assessment, submitted ahead of the pre-trial proceedings earlier this year.

The panel also reported an improvement in Duterte’s health since its previous evaluation, attributing it to the high standard of medical and nursing care, rigorous diagnostics and a review of his medication.

Although the experts noted evidence of “pre-clinical” disease, they concluded that any reduction in Duterte’s mental capacity would not prevent him from meeting the requirements to stand trial.

The assessment found that Duterte can understand the charges against him, the purpose and consequences of the proceedings, and the evidence presented during trial. He was also deemed capable of following the proceedings, understanding the implications of entering a plea, and instructing his lawyers in preparing and conducting his defense.

The judges also noted recommendations to accommodate Duterte’s advanced age and medical condition during hearings. These include providing headphones or hearing aids, ensuring adequate food, rest and exercise, and allowing hourly breaks.

The panel further recommended that hearings begin no earlier than 11 a.m. and that nursing staff be available to assist with medication.

The ruling addresses Duterte’s fitness to participate in the proceedings but does not determine his guilt or innocence.(MyTVCebu)