Prosecutors in the crimes against humanity case against former president Rodrigo Duterte have asked the International Criminal Court (ICC) to require his personal attendance at next week’s confirmation of charges hearing, opposing his request to waive his right to appear.
In a six-page submission dated February 19, Deputy Prosecutor Mame Mandiaye Niang argued that Duterte failed to provide sufficient justification for the proceedings to move forward without him.
“His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence,” the filing stated.
The prosecution noted that Duterte’s request was largely based on his rejection of the court’s jurisdiction and his claim that the case was politically motivated.
Niang emphasized that the tribunal had already reviewed Duterte’s medical condition and found him fit to participate, citing independent medical assessments and expert opinions.
“It has done so with the benefit of extensive independent medical evidence and expert opinion. As such, Mr Duterte’s complaints that he is ‘old, tired, and frail’ are irrelevant,” the submission read.
The filing further contended that Duterte’s refusal to attend even virtually undermined his argument that health concerns were the main issue.
“(H)is reasons to avoid appearing in public are not health related but rather due to his lack of respect for the Court,” the document added.
Prosecutors urged the chamber to reject Duterte’s request and compel his presence during the confirmation of charges hearing scheduled from February 23 to 27.
Within 60 days after the hearing, ICC judges are expected to decide whether to confirm any of the crimes against humanity charges linked to Duterte’s anti-drug campaign.
If at least one charge is upheld, he will proceed to trial over the thousands of killings attributed to the drug war during his administration.