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(1st UPDATE) Duterte’s ‘health’ is the latest authorized recourse to cease the ICC proceedings
MANILA, Philippines – Former Philippine president Rodrigo Duterte is “not match to face trial,” mentioned his lawyer Nicholas Kaufman, who efficiently satisfied the Worldwide Legal Court docket (ICC) to indefinitely postpone the pre-trial listening to, which was initially scheduled for September 23.
“Nearly all of the chamber hereby decides to vacate the date of 23 September 2025 and to postpone the listening to on the affirmation of costs till additional discover,” mentioned the ICC’s pre-trial chamber I, voting 2-1 on Monday, September 8. Decide María del Socorro Flores Liera dissented.
Kaufman filed the movement on August 18, asking to cease the proceedings. Based on the choice, Kaufman requested “that each one authorized proceedings, together with the listening to on the affirmation of costs, be adjourned indefinitely based mostly on its assertion that Mr Duterte is just not match to face trial.”
This new resolution solely postponed the affirmation of costs listening to, and didn’t adjourn or cease the proceedings — or, at the very least, not but. There was no new date set but, however the chamber mentioned it could be a “restricted postponement…to permit enough time to adjudicate the Adjournment Request.”
There have been no additional particulars as to Duterte’s situation, though the protection workforce had earlier submitted undisclosed data to claim that Duterte wouldn’t be able to hiding from the legislation, and subsequently was entitled to non permanent freedom.
The prosecution and the Workplace of Public Counsel for Victims (OPCV) opposed the request, however have been overruled.
Dissenting decide Flores Liera mentioned it was untimely to postpone the listening to on their stage. “It’s clear that, below the Statute, issues of health and the evaluation of the identical are solely inside the competence of the Trial Chamber,” she mentioned in her dissenting opinion.
Decide Flores Liera mentioned their job at this level is simply to resolve whether or not to substantiate, deny, or adjourn the listening to based mostly solely on proof, and whether or not they have reached the usual of “substantial grounds to consider.”
Duterte has been detained within the Hague since March over accusations of committing crimes in opposition to humanity for the killings dedicated by the Davao Demise Squad when he was mayor, and through his battle on medicine as president.
“This additional evidences that any willpower concerning the suspect’s health would possibly have an effect on the proceedings solely after the affirmation of costs listening to has been held and a call issued pursuant to article 61(7) of the Statute, time at which the Trial Chamber can have the competency,” mentioned Flores Liera.
Duterte, by way of Kaufman, has pending requests for an interim launch, and to junk your complete case based mostly on alleged lack of jurisdiction.
Victims’ lawyer Kristina Conti mentioned on Monday, “We won’t fall for a determined, time-worn, and calculated ploy to color himself aggrieved.”
“If Duterte is feeling unwell or not his typical strongman self, he may truly waive his proper to be current on the listening to, per Rule 124 of the ICC Guidelines of Process and Proof, and assign his lawyer to characterize him,” mentioned Conti.
“Each the prosecution and the victims groups are prepared for the listening to. Victims have utilized and are presently being assessed if certified to take part within the case,” she added.
Retired police colonel Royina Garma, who advised a congressional inquiry that Duterte requested her to design a reward system for kills in the course of the drug battle, has flown to Malaysia to satisfy with ICC investigators, mentioned the Philippine Division of Justice. Garma was launched from immigration detention in the USA, however, returning to Manila, rapidly left for Malaysia as a vacationer.
– Rappler.com
