PROSECUTORS and lawyers for former president Rodrigo Duterte have jointly submitted proposed instructions for court-appointed experts who will assess whether the former Philippine leader is fit to stand trial before the International Criminal Court (ICC).
In a filing dated June 3, the parties informed ICC Trial Chamber III that they had reached an agreement on the instructions to be provided to the experts tasked with evaluating Duterte's fitness to stand trial.
The joint submission followed an order issued by the chamber during a status conference on May 27 directing the prosecution and defense to coordinate and agree on the terms of reference for the medical assessment.
According to the filing, the parties attached a joint letter of instruction for the experts, which they asked the chamber to consider and adopt as the basis for the evaluation.
The issue stemmed from a May 25 request by Duterte's defense team seeking a medical examination under Rule 135 of the ICC Rules of Procedure and Evidence. The request included a draft set of instructions for the experts.
During the May 27 status conference, the chamber granted the defense motion for a medical assessment. However, the prosecution objected to the defense's proposed draft instructions and argued that the directions should instead come directly from the court.
The chamber subsequently ordered both sides to consult and submit a joint document by June 3 reflecting an agreed set of instructions.
The filing stated that the prosecution shared its own proposed draft letter with the defense on May 29. Following a series of discussions, the parties reached agreement on June 3.
The prosecution and defense jointly requested Trial Chamber III to approve the proposed letter of instruction and direct the appointed experts to carry out their mandate in accordance with its terms.
Duterte is facing proceedings before the ICC in connection with alleged crimes against humanity linked to his administration's anti-drug campaign.
The fitness assessment will help determine whether he is capable of participating in the trial process.
