Duterte’s lawyers say memory loss threatens his ability to face ICC trial

National

RODRIGO Duterte sometimes forgets who is defending him, his lawyers say, as the International Criminal Court (ICC) weighs whether the former Philippine president is fit to stand trial.

Duterte, 81, faces charges of crimes against humanity at the ICC over his administration’s “war on drugs,” during which thousands of people were killed, according to prosecutors.

His trial is scheduled to begin on November 30, but judges are considering whether he is mentally fit to face the proceedings. The court had ordered a medical assessment by three experts as part of that determination.

The assessment has not been made public. However, Duterte’s defense team and ICC prosecutors have submitted their responses to the findings in documents dated September 14 and published on the court’s website on Tuesday.

Duterte “suffers from significant memory impairment that prevents him from retaining recent information and reliably accessing memories,” the 13-page defense submission said.

His chief defense lawyer, Peter Haynes, said the condition prevents Duterte from meaningfully engaging with his case.

This makes it impossible to engage with the case “let alone give proper instructions to his Lead Counsel, whose name he only sometimes remembers,” Haynes said in an Inquirer article

Haynes added that he has consequently been forced to prepare the case without meaningful input from his client.

ICC prosecutors, however, reached a different conclusion.

In their heavily redacted seven-page submission, they said Duterte was “capable of meaningfully exercising his procedural and fair trial rights, and that he is fit for trial.”

Under ICC rules, proceedings cannot continue if an accused person is unable to understand the charges against them or participate meaningfully in their defense.

Duterte was arrested and transferred to The Hague, where the ICC is based. Since then, he has appeared before the court only once, during an initial appearance conducted via video link.

During that proceeding, he appeared dazed and confused, mumbled while confirming his name and appeared to doze off.

His defense team has since sought permission for him to be absent from subsequent hearings on health grounds.

Presiding judge Joanna Korner has urged Duterte to appear at a pre-trial hearing on Wednesday. No defense application seeking an exemption from the appearance has been made public.

If Duterte attends in person, he would become the first former Asian head of state to appear before the ICC.(MyTVCebu)