Experts to assess Duterte’s trial fitness anew

MANILA, Philippines — Former president Rodrigo Duterte will undergo another assessment to determine his fitness to stand trial before the International Criminal Court.

The ICC on Friday released the public redacted version of the defense’s request for medical examination filed by Duterte’s lead counsel Peter Haynes on May 25. The ICC Trial Chamber III has approved the request.

In his seven-page submission, Haynes stressed that the previous assessment of whether Duterte was fit to participate in the proceedings was limited to the pre-trial stage.

“In the circumstances, and particularly given that more than six months have passed since Mr. Duterte was last examined… the defense submits that it is appropriate that the Chamber order a medical examination of Mr. Duterte pursuant to Rule 135 at this juncture and before the commencement of any trial,” read the filing.

Rule 135 refers to the provisions in the ICC’s Rules of Procedure and Evidence that allows the Trial Chamber to order the medical examination of an accused.

“Where the Trial Chamber is satisfied that the accused is unfit to stand trial, it shall order that the trial be adjourned. The Trial Chamber may, on its own motion or at the request of the prosecution or the defense, review the case of the accused,” the rules read.

“In any event, the case shall be reviewed every 120 days unless there are reasons to do otherwise. If necessary, the Trial Chamber may order further examinations of the accused,” it added.

Earlier this year, a panel of three medical experts found Duterte fit to participate in pre-trial proceedings.

During the status conference on Wednesday, Presiding Judge Joanna Korner granted the defense’s request and ordered a new assessment on the former president.

“The finding of fitness is related to the confirmation proceedings, and the chamber is obliged to make a separate finding on that issue,” she said.