ICC Prosecution Opposes Ex Philippine President Duterte's Bid To Skip Hearing
In a six-paged filing dated February 19, as reported by Inquirer, Deputy Prosecutor Mame Mandiaye Niang argued that Duterte's request falls short of the legal threshold required for the proceedings to move forward without him physically present in court.
Recommended For You“Duterte primarily seeks to waive his right to appear on the basis that he does not 'recognise the jurisdiction' of the Court, states that he was 'kidnapped', and claims that the charges against him constitute 'an outrageous lie' invented by his political opponents. These statements are a continuation of Mr. Duterte's rejection of the legitimacy of the proceedings against him before the Court,” the filing read.
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“His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence,” it added.
Niang also emphasised that Duterte is fit. Niang noted that Duterte has been assessed and found both physically and and mentally capable of participating in the hearing.
The Chamber, the filing noted, relied on independent medical evaluations and expert opinions before concluding that he is fit to attend. Measures have also been put in place to ensure his comfort throughout the proceedings. In this context, prosecutors said his claims of being“old, tired, and frail” are not relevant to whether the hearing should proceed in his absence.
The filing further argued that Duterte's stated unwillingness to attend - including his indication that he would not even follow the hearing via video link - suggests that his refusal is not rooted in health concerns but in his "lack of respect for the Court".
Prosecutors are therefore asking the chamber to reject Duterte's request and require him to attend the confirmation of charges hearing, set to open on February 23 and run until February 27.
After the hearing concludes, ICC judges are expected to decide within 60 days whether to confirm all, some, or none of the charges brought by the Prosecution. If at least one charge is confirmed, Duterte would formally become an accused, and the case would proceed to trial before a Trial Chamber.
Duterte is suspected of committing crimes against humanity - specifically murder and attempted murder - allegedly carried out in the Philippines between November 1, 2011 and March 16, 2019, during his anti-drug campaign.
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