Duterte has ‘deteriorating cognitive situation,’ says lawyer. What now?

MANILA, Philippines – Former Philippine president Rodrigo Duterte has “deteriorating cognitive situation” that forestalls him from “[recalling] occasions, locations, timing and even members of his shut household and Protection staff,” his lead protection lawyer Nicholas Kaufman advised the Worldwide Prison Courtroom (ICC).

These particulars are contained in a newly-publicized submitting by the protection staff.

On this submitting, Kaufman requested the ICC pre-trial chamber to indefinitely cease all authorized proceedings, saying that Duterte is “unfit to face trial.” The results of this request was the pre-trial chamber voting 2-1 to postpone the unique September 23 schedule of the affirmation of costs listening to. The pre-trial chamber has but to resolve on whether or not it would indefinitely cease the proceedings.

What occurs now?

The pre-trial chamber will now “decide whether or not Mr. Duterte is match to comply with and take part within the pre-trial continuing,” it stated in its break up resolution to postpone the listening to that may affirm or reject the fees of crimes towards humanity of homicide over the hundreds of killings by the Davao Loss of life Squad and within the conflict on medicine.

Beneath Rule 113 of the ICC’s guidelines of process, the pre-trial chamber could “order..a medical, psychological, or psychiatric examination.” The pre-trial chamber, based on the principles, “shall appoint a number of specialists from the listing of specialists accepted by the Registrar, or an professional accepted by the pre-trial chamber on the request of a celebration.”

A preliminary report from a registry-approved professional

Most of what the protection has alleged about Duterte’s “deteriorating” situation got here from the analysis of their very own neuropsychologist who was allowed to look at the previous president contained in the detention middle.

Their neuropsychologist stated Duterte’s “diploma of cognitive decline renders him unfit to face trial,” and that “judicial lodging, e.g. listening to assist, breaks, simplified language, summaries are unlikely to revive useful capability adequate for full trial participation.”

This report was finalized on August 13. However earlier than that, on July 17, a medical officer from the ICC detention middle did a neuropsychological analysis on Duterte, which famous “a decline in reminiscence, govt functioning, and visuo-constructive skills.”

Afterwards, on July 21, an MRI was carried out on Duterte and the defense-appointed neuropsychologist was in a position to study him contained in the detention middle.

“For that reason, the medical knowledge offered to the Pre-Trial Chamber is neither partisan nor self-serving,” stated Kaufman, including that they had been forbidden to speak with the detention middle medical officer.

Kristina Conti, a lawyer for the victims, additionally famous that the ICC detention’s medical officer “didn’t opine that Duterte is just not match to face trial.” She referred to as the conclusion of the protection’s personal professional “not impartial.”

Kaufman, on this request, complained of “the bureaucratic pink tape that the Registry had utilized with a view to forestall the Protection from reaching a well timed and full image of Mr. Duterte’s well being.” The registry is the impartial arm of the ICC, tasked to supply administrative and operational assist to all different providers of the court docket. For instance, it approves visitation requests.

Each time his kids visited him in The Hague, they reported to their supporters the conversations they’d, starting from authorized technique to present occasions to household issues.

Conti famous how Duterte’s youngest, Veronica or “Kitty”, advised the general public that “there was no purpose to fret about her father.”

“However by way of the previous 4 months, Duterte’s lawyer Nicholas Kaufman had been attempting to persuade the ICC that he’s mentally deteriorating,” stated Conti. “Who ought to we consider between Duterte’s kids and Duterte’s lawyer?” she requested. 

How does the ICC deal with well being situations?

Ugandan Lord’s Resistance Military (LRA) chief Dominic Ongwen had carried out this earlier than in his personal case, the place he repeatedly argued he was unfit to face trial. In addition they repeatedly requested the ICC to order a medical examination, however these had been rejected by the trial chamber apart from one occasion in 2019 when judges ordered the detention middle’s medical officer to supply a report on whether or not Ongwen may attend the following listening to.

The ICC additionally needed to cancel many hearings as a result of suspect’s well being situation. Ongwen’s protection staff additionally accused the ICC of “not accommodating them quick sufficient or not believing there’s advantage to them,” as acknowledged of their closing assertion earlier than judgment.

Ultimately, a medical report ordered by the ICC trial chamber stated that whereas Ongwen suffered “from varied psychological diseases, he’s “oriented in time, oriented vis-a-vis his atmosphere and himself,” as acknowledged within the judgment.

In an earlier resolution in 2016, the ICC trial chamber stated that health to face trial means the suspect can meaningfully take part within the proceedings. “It doesn’t require that the particular person be capable of train them as if she or he had been educated as a lawyer or judicial officer,” the trial chamber stated again then in Ongwen’s case.

“The query of whether or not an accused is unfit to face trial doesn’t concern, in and of itself, whether or not she or he has explicit medical situations, however whether or not the accused is ready to train successfully his truthful trial rights within the proceedings towards him regardless of the existence of any such medical situation,” stated Ongwen’s chamber.

Ultimately, Ongwen was discovered responsible and sentenced to 25 years.

Nevertheless, Ongwen was a lot youthful at his time of trial – solely 45 years previous, in comparison with Duterte who simply turned 80.

In her dissenting opinion to the postponement, Choose María del Socorro Flores Liera stated the 2 different judges mustn’t have postponed Duterte’s affirmation of costs listening to as a result of figuring out one’s health to face trial is the competence of the trial chamber, not the pre-trial chamber.

Philippine human rights teams have slammed the postponement. The Ateneo Human Rights Middle (AHRC) stated the trial also needs to be truthful to victims.

“Ang mga pamilyang naulila na hanggang ngayon ay dumaranas ng pangamba at kawalan ng hustisya ay hindi dapat muling gawing biktima ng pagkaantala,” stated the AHRC.

(Households who’ve misplaced family members endure till now from anxiousness and lack of justice, they usually shouldn’t be victimized once more by delays.)

Might Duterte be heading residence?

On prime of a request to indefinitely cease proceedings attributable to his well being, the protection staff has reiterated its request for non permanent freedom, citing Duterte’s bodily incapacity to manifest any of the chance elements, comparable to intimidating victims. The request has been strongly opposed by the prosecution and the victims.

The interim launch request talks of an undisclosed third celebration nation that’s “effectively exterior the geographic scope” of the Philippines.

Ought to Duterte now need to go residence to the Philippines, he would wish President Ferdinand Marcos Jr.’s consent to facilitate situations that could be imposed by the court docket. The settlement of the nation that may absorb Duterte throughout this time is important to the court docket’s resolution to both approve or disapprove the request.

There’s additionally a pending jurisdictional query, which has not been determined upon.

The AHRC additionally urged the ICC pre-trial chamber to nominate as quickly as attainable the victims’ authorized consultant. Thus far, the ICC’s personal OPCV or Workplace of the Public Counsel for Victims has been talking for victims earlier than the court docket.

The court docket can appoint their authorized consultant — there are presently three ICC-accredited Filipinos who’re dealing with instances of teams of drug conflict victims: Joel Butuyan, Gilbert Andres, and Conti.

“Ito ay mahalagang garantiya na ang tunay na hustisya ay hindi nagsasantabi; bagkus ay kumikilala at nagpapahalaga sa karapatan at tinig ng mga biktima,” stated the AHRC.

(This is a vital assure that true justice is just not being put aside, however somewhat acknowledges and attaches significance to the rights of victims.) – Rappler.com