MANILA (September 9) — The confirmation of charges hearing against former President Rodrigo Duterte has been postponed by the International Criminal Court (ICC) until a defense motion that he is not competent to stand trial has been decided.
The September 23 hearing will be canceled and rescheduled “until further notice,” according to a 2-1 ruling issued Monday, September 8 by the ICC’s pre-trial chamber I. The judges stated that the postponement was required “to determine whether Mr. Duterte is fit to follow and participate in the pre-trial proceedings.”
The ruling came after Duterte’s lawyers filed a motion stating that the former president, who is 80 years old, is mentally or physically incapable to participate in the proceedings.
On August 18, Duterte’s defense team requested that “all legal proceedings, including the hearing on the confirmation of charges, be adjourned indefinitely” because they believe Duterte “is not fit to stand trial.”
The prosecution rejected the indefinite delay in a filing on August 28, but indicated that it “accepts that a short adjournment may be necessary, but this should be limited to the time necessary for the Chamber to expeditiously render its decision” on the motion. The Office of Public Counsel for Victims opposes the indefinite adjournment.
Judges Iulia Antoanella Motoc and Reine Adélaïde Sophie Alapini-Gansou voted in favor of postponement. Judge María del Socorro Flores Liera dissented, claiming that the court should have denied the defense request and continued with the hearing.
Noting the chamber’s “duty pursuant to rule 121(1) of the Rules of Procedure and Evidence to ensure the enjoyment of the suspects’ rights under article 67 of the Rome Statute,” the majority said they believed “that a limited postponement of the hearing on the confirmation of charges is warranted to allow sufficient time” to decide on the defense’s request.
According to Flores Liera’s dissenting opinion, “[Under] the Statute, matters of fitness and the assessment of the same are exclusively within the competence of the Trial Chamber.” She claimed that the trial chambers, not the pre-trial chambers, should be the sole authority to determine the accused’s fitness.
Reiterating that pre-trial and trial proceedings are distinct processes, “each held independently with clearly differentiated objectives,” Flores Liera contended that the confirmation hearing’s sole purpose is to ascertain whether there is enough evidence to establish substantial grounds to move forward with a full trial.
Restricted delay
The two other judges who made the postponement decision (referred to as “the majority”) stated in their ruling on Monday that it would only be for the “time strictly necessary to determine whether Mr. Duterte is fit to follow and participate in the pre-trial proceedings, including the confirmation of charges hearing, and to adjudicate the Adjournment Request.”
The judges decided that if Duterte is deemed suitable to participate, the parties must be ready to commence the confirmation hearing right once because the prosecution have already completed revealing the evidence and turned in the Pre-Confirmation Brief and the Document Containing the Charges.
The decision states that if and when the chamber decides that Duterte can participate in the proceedings, a new confirmation hearing schedule will be released.
By September 22, the prosecution is required to make the charges document and pre-confirmation brief available to the public in redacted form.
In his initial court appearance on March 14, Motoc stated that the court physician had determined Duterte to be “fully mentally aware and fit.”
Judges cited Duterte’s lengthy travel to The Hague and the time difference with the Philippines as reasons for allowing him to appear remotely during that initial appearance hearing.
The pre-trial proceedings against Duterte, who was taken to The Hague in March after being arrested by Philippine authorities, have drawn the participation of 303 victims of the drug campaign.
