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Jurist ICC finds Philippines ex-president Duterte fit to stand trial

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Dadparvar

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Nov 11, 2016
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The International Criminal Court (ICC) concluded on Monday that former Philippines president Rodrigo Duterte is fit to stand trial.

Following the assessment by a three-expert panel, the chamber found that Duterte’s mental condition did not prevent him from meaningfully participating in the pre-trial proceedings. Two experts unequivocally confirmed that Duterte has the legally required mental capacities to stand trial. The remaining expert noted that Duterte’s condition may limit his capabilities, but agreed that he can participate in pre-trial proceedings.

The panel’s conclusion rejected the defense’s contention that Duterte’s impaired memory and complex reasoning abilities prevent him from effectively instructing his counsel or understanding the nature or possible consequences of the proceeding.

In September, the defense requested an indefinite adjournment. They argued that because of Duterte’s impaired state, continuing proceedings violates his right to a fair trial. Under Article 67(1) of the Rome Statute, a defendant must be able to understand the charges against him, the nature and possible consequences of the proceeding, and the evidence presented. They must also have the ability to testify and instruct counsel to prepare for his defense.

The chamber also remanded Duterte in detention, rejecting the defense’s submission that his condition constituted a new situation that warranted his release. The court held that Duterte’s cognitive deficiencies did not change the fact that he had supportive political contacts and social networks. The detention remains justified, under Article 58(1)(b) of the statute, to ensure his appearance before the court, prevent any obstruction to the proceedings, and stop Duterte from continuing the commission of the crime.

In 2023, the court affirmed its jurisdiction over the situation in the Philippines. On March 11, 2025, Interpol arrested Duterte in Manila and turned him over to the court. On September 22, 2025, the ICC prosecutors brought charges against him for crimes against humanity.

The charges alleged that during his time as Davao City mayor, he carried out extrajudicial killings against drug users and dealers. He later expanded his anti-drug campaign nationwide during his presidency. Human rights groups estimated that the campaign killed more than 12,000 people within the first 18 months. He also pledged to “double the killings” if he were elected Davao City mayor again in 2025.

The pre-trial hearing for the confirmation of charges–where the court determines if there is enough evidence for the case to proceed to trial–is scheduled for February 23.

The post ICC finds Philippines ex-president Duterte fit to stand trial appeared first on JURIST - News.

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