The International Criminal Court (ICC) Office of the Prosecutor has submitted a response to former President Rodrigo Duterte’s request to skip the confirmation of charges hearing on his crimes against humanity case in connection with his drug war.
In a six-page document signed by Deputy Prosecutor Mame Mandiaye Niang dated February 19, the prosecutors asked the ICC Pre-Trial Chamber I to deny Duterte’s bid, saying he is “available, fit, and should attend the hearing in person.”
“The Prosecution respectfully requests that the Chamber reject Mr. Duterte’s request to waive his right to appear at the confirmation hearing,” the document read.
“Mr. Duterte is not entitled to unilaterally excuse himself from attending the proceedings in-person.
“There is no reasonable cause for Mr. Duterte not to appear in person in court at the confirmation hearing,” it added.
According to the prosecution, Duterte failed to provide any compelling justification for holding the confirmation hearing in his absence.
Duterte had argued in his request that he does not recognize the ICC’s jurisdiction, claimed he was “kidnapped,” and described the charges against him as an “outrageous lie” invented by political opponents.
“These statements are a continuation of Mr. Duterte’s rejection of the legitimacy of the proceedings against him before the Court. His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence,” the prosecution said.
The prosecution also rejected claims about Duterte’s health.
“Mr. Duterte is fit, competent, and physically and mentally able to attend the hearing in person. The state of Mr. Duterte’s health has been comprehensively examined and litigated before this Chamber. To this end, the Chamber has concluded that he is both physically and mentally fit to participate in the confirmation proceedings, and has put measures in place to ensure his comfort throughout the hearing.
“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,” it added.
The ICC on Thursday said that the ICC judges will still have to decide on former President Rodrigo Duterte’s request to refrain from attending his confirmation of charges hearings next week over the drug war.
“It is just a request from the defense for now; it will be for the ICC Judges to decide on it, at this stage,” the ICC said when asked by the media. —VAL, GMA Integrated News
