Joselito Malig

Article (news)

Carlos Trazo

ABS-CBN News

The International Criminal Court (ICC) prosecutor has formally asked the Chamber to reject a defense motion seeking indefinite adjournment of proceedings against former Philippine President Rodrigo Duterte.The prosecutor panel, led by Deputy Prosecutor Mame Mandiaye Niang cited unresolved questions about the impartiality, completeness, and legal sufficiency of the medical reports submitted by the defense.Niang argued that the defense reports, submitted by two unnamed experts, raised concerns about Duterte’s fitness to stand trial but are not conclusive enough to justify halting proceedings indefinitely. Prosecutors are currently engaging their own expert to conduct an independent assessment and have requested equal access to all records and documentation previously provided to the defense Experts. &quot;The proceedings against Mr. Duterte cannot be adjourned indefinitely on the sole basis of the defence reports,&quot; the prosecution said. The filing emphasized that fitness to stand trial is a legal threshold rooted in the right to a fair trial, and must be assessed based on whether the accused can meaningfully exercise procedural rights, not merely on the presence of medical conditions. <div><a href="https://www.abs-cbn.com/news/nation/2025/9/11/icc-grants-limited-postponement-of-duterte-s-confirmation-of-charges-hearing-1931">Lawyer cites Duterte’s &#x27;cognitive impairment&#x27; in request to adjourn ICC proceedings</a></div> &quot;Fitness to stand trial can be defined as absence of such medical conditions which would prevent the accused from being able to meaningfully exercise his or her fair trial rights,&quot; the prosecution argued. They outlined five core capacities required for effective participation in ICC proceedings: understanding the purpose and consequences of the trial, following its course, grasping the evidence, testifying or making unsworn statements, and instructing legal counsel. &quot;Effective participation requires only a ‘broad understanding’ of the trial process with a comprehension of the ‘general thrust’ of what is said in court.&quot; The prosecution also questioned the defense experts’ familiarity with ICC procedures and international legal standards, noting that their conclusions lacked clarity on the thresholds applied. &quot;It is unclear how familiar, if at all, the defence experts are with judicial proceedings at this court, or even at other international courts or tribunals.&quot; The prosecution flagged discrepancies between the preliminary and final versions of one expert’s report, and raised concerns about undisclosed source materials that may compromise impartiality. <div><a href="https://www.abs-cbn.com/news/nation/2025/9/8/icc-postpones-duterte-s-confirmation-of-charges-hearing-1938">&#x27;Not fit to stand trial?&#x27; ICC postpones Duterte’s confirmation of charges hearing</a></div>&quot;The defence experts were provided with underlying material that has not been made available to the prosecution and may not be impartial.&quot;To resolve the dispute, the prosecution urged the Chamber to appoint additional experts with forensic experience in trial fitness assessments and familiarity with international legal proceedings. These experts should also recommend practical adjustments to facilitate Duterte’s participation, if necessary. &quot;Any such expert(s) appointed by the Chamber should have extensive experience not only in the fields of medicine relevant to Mr Duterte’s medical conditions, but also forensic experience in the issue of fitness to stand trial.&quot; The prosecution proposed that the chamber should base its decision on the ICC Detention Centre’s medical report, the defense and prosecution experts, and any additional experts appointed under Rules 113 and 135 of the ICC’s Rules of Procedure and Evidence. &quot;The Chamber should order additional medical reports or examinations of Mr Duterte, as the Defence Reports provide indications alleging that he may be unable to meaningfully participate in legal proceedings against him.&quot;The prosecution also requested the chamber to reject both the indefinite adjournment and the alternative request for a status conference, arguing that any delay should be limited to the time needed to render a decision on Duterte’s fitness to stand trial. &quot;The Prosecution respectfully requests the Chamber to (i) reject the Defence Request to adjourn indefinitely all legal proceedings against Mr Duterte, (ii) reject the Defence alternative request to convene a status conference.&quot; <div><a href="https://www.abs-cbn.com/news/nation/2025/9/12/remulla-no-longer-wants-to-comment-on-duterte-s-icc-case-1732">Remulla no longer wants to comment on Duterte&#x27;s ICC case</a></div> &quot;This should be limited to the time necessary for the Chamber to expeditiously render its decision on Mr Duterte’s fitness to stand trial.&quot;Duterte was arrested on March 11  on his arrival from Hong Kong at the request of the ICC as part of its probe into his &quot;war on drugs&quot; that defined his presidency.The ICC warrant for Duterte&#x27;s arrest said that as president, the 80-year-old Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.He was brought to The Hague in the Netherlands on the same day he was arrested.Duterte on March 14 appeared via video link before ICC judges. He was set to attend a September 23 hearing to confirm the charges against him. A new hearing date will be set once the chamber resolves the issue.<div> </div><div><iframe width="640" height="360" src="https://www.youtube.com/embed/qXBleBgGKkA??si=T8ugffvJKF_4-Cpa&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe> </div>

The International Criminal Court (ICC) prosecutor has formally asked the Chamber to reject a defense motion seeking indefinite adjournment of proceedings against former Philippine President Rodrigo Duterte.

The International Criminal Court (ICC) prosecutor has formally asked the Chamber to reject a defense motion seeking indefinite adjournment of proceedings against former Philippine President Rodrigo Duterte.

ICC prosecutor seeks independent medical review on Duterte

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ICC prosecutor seeks independent medical review on Duterte

Carlos Trazo,

ABS-CBN News

Published Sep 12, 2025 06:38 PM PHT

|

Updated Sep 12, 2025 06:54 PM PHT

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ICC

Rodrigo Duterte

ICC prosecutors

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