Appeal rejected: Ex-Philippine leader Rodrigo Duterte to stand trial on Feb 23
Former Philippine president Rodrigo Duterte has no more recourse but to face the confirmation of charges at the International Criminal Court (ICC) on February 23, after judges on Friday rejected his appeal to overturn the earlier ruling that deemed him fit to stand trial.On January 26, the ICC Pre-Trial Chamber I found Duterte fit to take part in the pre-trial proceedings and rejected his request for an indefinite adjournment. The ruling was based on the medical assessment of a panel of three independent medical experts and all of the relevant circumstances of the case.Duterte’s camp filed an appeal on February 2, citing that the Pre-Trial Chamber ignored relevant clinical evidence on Duterte’s lack of fitness to stand trial; the chamber erred in rejecting Defense request to hold a hearing on Duterte’s purported fitness; it failed to articulate coherently its reasoning as to why it believed Duterte is fit to face trial; and it failed to consider the impact of its finding on Duterte’s ability to stand trial.All four issues, however, were flatly denied.Stay up to date with the latest news. Follow KT on WhatsApp Channels.In the ruling released on Friday, February 13, the Pre-Trial Chamber I (composed of presiding judge Iulia Antoanella Motoc, judge Reine Adélaïde Sophie Alapini-Gansou, and judge María del Socorro Flores Liera) reasoned that the defence “misrepresented the relevant findings made in the January 26 decision”, pointing out that the reports it provided were given to the panel of medical experts, who took them into consideration when they assessed Duterte’s health condition.The judges also noted the (Duterte) defence “failed to substantiate that there is any strident conflict or significant inconsistency which is capable of undermining the overall weight of the general joint conclusion on fitness.”The Chamber asserted it decided “to consider solely” the panel of experts’ conclusion, which in itself integrated the defense’s medical report, “to ensure the fairness of the proceedings.”The Chamber the experts “had been chosen because of their knowledge of the legal proceedings and experience in dealing with fitness issues before international tribunals, and thus found that ‘there is nothing to substantiate that the panel (of experts) did not have sufficient experience or understanding to arrive at its conclusions in the (Duterte) case.”Therefore, the defence has not substantiated that it is necessary to further probe what the experts know about confirmation proceedings.Hypothetical scenarioThe Chamber noted Duterte’s defence relied on a hypothetical scenario of his health condition deteriorating during the trial.“(It) is speculative in nature,” the Chamber argued, emphasising “that the 26 January 2026 decision does not prejudge Duterte’s fitness to stand trial and that it does not preclude any competent chamber of the Court to revisit the issue should the need arise… (and will not) significantly affect the fairness of the proceedings.”What’s nextThe confirmation of charges hearing against Duterte is scheduled to open on Februrary 23 at 10am (The Hague local time) before the ICC Pre-Trial Chamber composed of Motoc, Alapini-Gansou and Liera.The prosecution, defence and legal representatives of victims will make oral submissions before the judges to present their arguments during the hearings scheduled on February 23, 24, 26 and 27.The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings.Duterte is suspected of the crimes against humanity of murder and attempted murder, allegedly committed when he was Davao City mayor and president of the Philippines in the context of the so-called ‘war on drugs’ campaign.Estimates of the death toll during Duterte’s so-called 'war on drugs' vary; while the Philippine National Police acknowledged more than 6,000 deaths, human rights groups estimate the figure to be as high as 30,000.A woman holds a picture of Duterte as relatives of drug war victims gather to watch his initial appearance at the ICC during a live viewing in Quezon City last yearThird impeachment complaint filed against Philippine Vice President Sara Duterte Filipino priest exposes ex-Philippine president Duterte's war on drugs with traveling museumActivist lawmakers refile impeachment complaint against Philippine Vice President Duterte
Former Philippine president Rodrigo Duterte has no more recourse but to face the confirmation of charges at the International Criminal Court (ICC) on February 23, after judges on Friday rejected his appeal to overturn the earlier ruling that deemed him fit to stand trial.
On January 26, the ICC Pre-Trial Chamber I found Duterte fit to take part in the pre-trial proceedings and rejected his request for an indefinite adjournment. The ruling was based on the medical assessment of a panel of three independent medical experts and all of the relevant circumstances of the case.
Duterte’s camp filed an appeal on February 2, citing that the Pre-Trial Chamber ignored relevant clinical evidence on Duterte’s lack of fitness to stand trial; the chamber erred in rejecting Defense request to hold a hearing on Duterte’s purported fitness; it failed to articulate coherently its reasoning as to why it believed Duterte is fit to face trial; and it failed to consider the impact of its finding on Duterte’s ability to stand trial.
All four issues, however, were flatly denied.
Stay up to date with the latest news. Follow KT on WhatsApp Channels.
In the ruling released on Friday, February 13, the Pre-Trial Chamber I (composed of presiding judge Iulia Antoanella Motoc, judge Reine Adélaïde Sophie Alapini-Gansou, and judge María del Socorro Flores Liera) reasoned that the defence “misrepresented the relevant findings made in the January 26 decision”, pointing out that the reports it provided were given to the panel of medical experts, who took them into consideration when they assessed Duterte’s health condition.
The judges also noted the (Duterte) defence “failed to substantiate that there is any strident conflict or significant inconsistency which is capable of undermining the overall weight of the general joint conclusion on fitness.”
The Chamber asserted it decided “to consider solely” the panel of experts’ conclusion, which in itself integrated the defense’s medical report, “to ensure the fairness of the proceedings.”
The Chamber the experts “had been chosen because of their knowledge of the legal proceedings and experience in dealing with fitness issues before international tribunals, and thus found that ‘there is nothing to substantiate that the panel (of experts) did not have sufficient experience or understanding to arrive at its conclusions in the (Duterte) case.”
Therefore, the defence has not substantiated that it is necessary to further probe what the experts know about confirmation proceedings.
Hypothetical scenario
The Chamber noted Duterte’s defence relied on a hypothetical scenario of his health condition deteriorating during the trial.
“(It) is speculative in nature,” the Chamber argued, emphasising “that the 26 January 2026 decision does not prejudge Duterte’s fitness to stand trial and that it does not preclude any competent chamber of the Court to revisit the issue should the need arise… (and will not) significantly affect the fairness of the proceedings.”
What’s next
The confirmation of charges hearing against Duterte is scheduled to open on Februrary 23 at 10am (The Hague local time) before the ICC Pre-Trial Chamber composed of Motoc, Alapini-Gansou and Liera.
The prosecution, defence and legal representatives of victims will make oral submissions before the judges to present their arguments during the hearings scheduled on February 23, 24, 26 and 27.
The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings.
Duterte is suspected of the crimes against humanity of murder and attempted murder, allegedly committed when he was Davao City mayor and president of the Philippines in the context of the so-called ‘war on drugs’ campaign.
Estimates of the death toll during Duterte’s so-called 'war on drugs' vary; while the Philippine National Police acknowledged more than 6,000 deaths, human rights groups estimate the figure to be as high as 30,000. A woman holds a picture of Duterte as relatives of drug war victims gather to watch his initial appearance at the ICC during a live viewing in Quezon City last year
What's Your Reaction?
