The camp of former President Rodrigo Duterte has asked the International Criminal Court (ICC) Pre-Trial Chamber I to allow an appeal of its ruling denying the request for an indefinite adjournment of pre-trial proceedings related to the drug war case.
In a 19-page submission dated February 2, Duterte’s defense also sought permission to appeal the chamber’s denial of its request for an evidentiary hearing, arguing that the court committed serious factual and legal errors in assessing Duterte’s condition.
“The Pre-Trial Chamber erred in fact and in law when it ignored relevant clinical evidence on Mr Duterte’s cognitive condition, including that provided by the Defence experts,” the ICC filing stated.
Last January, the chamber ruled that Duterte was fit to participate in pre-trial proceedings, rejecting the defense’s plea for an indefinite adjournment.
His lawyers, however, said the ruling failed to clearly explain how the court arrived at that conclusion and did not adequately consider the implications for a full trial.
According to the defense, the chamber wrongly limited its evaluation to the pre-trial stage and overlooked how Duterte’s cognitive condition could affect his ability to exercise his procedural rights.
“The Panel did not conclude that Mr. Duterte was devoid of memory problems, rather that he exhibited underperformance. Nowhere did the Panel state that such underperformance was deliberate,” the filing said.
It added,
“Accordingly, the Pre-Trial Chamber failed to consider how Mr Duterte’s cognitive issues, whatever their degree, impacted on his ability to retain information for the purpose of exercising his procedural rights.”
Duterte’s lawyers stressed the need for an immediate appellate ruling, warning that continued delay could prejudice the former president’s rights and undermine the fairness of the proceedings.
“Prompt appellate resolution will ensure that the pre-trial proceedings proceed on a sound basis, will avoid any future litigation on the matter, and will remove doubts as to the correctness of the Impugned Decision,” the defense said.
The ICC Prosecutor has charged Duterte with 49 counts of murder and attempted murder stemming from his time as Davao City mayor and as president, noting that “although the actual scale of victimization during the charged period was significantly greater.”
Official government data cite around 6,200 drug-related deaths during Duterte’s anti-drug campaign, while human rights groups estimate the number could be as high as 30,000 due to unreported cases.