Article by:
Joyce Ann L. Rocamora
MANILA – The International Criminal Court (ICC) Prosecutor has requested the Pre-Trial Chamber I to reject former president Rodrigo Duterte’s request to waive his right to appear in his confirmation hearing on Feb. 23.
In a court document dated Feb. 19, the prosecution argued that Duterte is fit, available, and has "no reasonable cause" not to appear in person at the hearing.
"For the avoidance of doubt; the Prosecution does not accept as valid any of the assertions made by the Defense in paragraphs 4 and 5 of its Notification regarding Mr. Duterte’s health, fitness, and mental or physical capacity," it said.
"As the panel of experts concluded, unanimously, Mr. Duterte is an unreliable historian in regard to assessment of his health and mental fitness."
The prosecution emphasized that the health concerns cited by Duterte have been fully considered and accommodated by the Chamber, and "cannot now be recycled as cause to hold the confirmation hearing in his absence.”
"In addition, the fact that Mr. Duterte has stated that he will not even follow the proceedings via video link demonstrates that his reasons to avoid appearing in public are not health-related but rather due to his lack of respect for the Court," it said.
While the ICC, in the past, has granted requests similar to Duterte’s, the prosecution said the former Philippine president is "not entitled to unilaterally excuse himself from attending the proceedings in-person."
"In the past practice of this Court, requests to be excused from any stage of proceedings have been granted sparingly, and in the context of trial proceedings have been recognized as being 'exceptional' in nature," it said.
The prosecution said Duterte is "individually criminally responsible" as an indirect co-perpetrator for three counts of crimes against humanity:
Count 1: Murders in or around Davao City during the mayoral period by the DDS (Davao Death Squad)
Count 2: Murders of high-value targets during the presidential period
Count 3: Murders and attempted murders in barangay clearance operations during the presidential period
All the charges against Duterte are in connection with his war on illegal drugs, which, during his presidency, resulted in the deaths of thousands of suspects during police operations.
Duterte has been in the custody of the ICC Detention Center in The Hague, Netherlands, since his arrest in March 2025. (PNA)
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