The prosecution at the International Criminal Court has urged the trial chamber judges to declare former president Rodrigo Duterte fit to stand trial and order his continued detention, saying that recent developments have increased his flight risk.
Both requests were contained in documents submitted by the prosecution on Sept. 14 to the Trial Chamber III, which is handling the crimes against humanity case against the former president.
In a seven-page document, acting Prosecutor Maame Mandaye Niang said the new report of the panel of experts who assessed Duterte’s condition demonstrated that he is fit for trial.
The specific findings of the experts, however, were redacted from the prosecution’s submission.
“Upon completion of their assessments, the panel members found “[REDACTED]” and were satisfied that “[REDACTED]”. The panel further [REDACTED] since their initial assessments more than six months ago. To the contrary, the panel found that there was [REDACTED],” the document read.
Niang also noted the panel’s observation of Duterte’s “reduced effort and unreliability during assessments.”
The experts provided practical suggestions to help Duterte effectively participate in the trial, according to the filing.
Citing that the panel had fully complied with the trial chamber’s instructions and reached an agreement on its methodology and interpretation of the assessment results, the prosecution argued that a hearing on Duterte’s fitness is unnecessary.
“For the above reasons, the prosecution respectfully requests the chamber to conclude that Mr Duterte is capable of meaningfully exercising his procedural and fair trial rights, and that he is fit for trial,” the document read.
Heightened risk
In a separate filing, the prosecution asked the Trial Chamber III to keep Duterte in detention, saying “there have been no changes in circumstances” that would justify reversing its May 22 ruling.
Instead, Niang said the recent developments in Duterte’s case have increased his flight risk.
He argued that the setting of a definite trial date, along with a redacted factor, increased the likelihood that Duterte would face trial, which in turn “increases the risk that he may abscond.”
The prosecution also disclosed that eight additional incidents had been added to the charges against Duterte.
“The number of incidents and victims, and therefore, the prospect of a lengthy prison sentence, have increased, which militates in favor of Mr. Duterte’s continued detention,” it said.
The prosecution noted that Duterte, if out of detention, may “interfere” with witnesses given that their names and expected testimony were provided in the list of witnesses submitted by the prosecution.
“The question of the risks to witnesses ‘revolves around the possibility, not the inevitability, of a ‘future occurrence.’ Mr Duterte’s history shows that he is able and has the means, either directly or through his associates, to interfere with [REDACTED],” it said.
For this reason, the prosecution said Duterte’s “continued detention is necessary to ensure he does not interfere with witnesses.”
Defense to seek possible detention review
The defense, meanwhile, told the court that Duterte’s detention depends on the trial chamber’s decision on whether he is fit to stand trial.
“Should Mr Duterte be found unfit to stand trial and the proceedings consequently adjourned, this would be relevant to the assessment of whether there has been a material change in circumstances,” Defense lead counsel Peter Haynes said.
Haynes added that the defense would seek a review of Duterte’s detention once the Trial Chamber III determines his fitness to stand trial, “if the circumstances merit it.”
The Trial Chamber III has yet to rule on Duterte’s detention and fitness to stand his trial, which is scheduled to begin on Nov. 30.
The submissions filed by the prosecution and the defense were made ahead of the third status conference concerning Duterte’s case on Sept. 16.
During the previous status conference on June 23, the trial chamber judges ordered Duterte to appear at the upcoming hearing, barring any medical issues. It remains unclear, however, if the former president will show up.
