MANILA, Philippines — Prosecutors at the International Criminal Court (ICC) have objected to Rodrigo Duterte’s request to waive his right to appear at the confirmation of charges hearing, arguing that the former president is “fit” to attend and that his refusal to recognize the Court’s jurisdiction does not constitute a valid excuse.
In a filing made public on Friday, the Office of the Prosecutor (OTP) urged Pre-Trial Chamber I to reject the defense’s “Notification of a Request to Waive the Right to Attend,” stating that Duterte is “available, fit, and should attend the hearing in person.”
The response, signed by Deputy Prosecutor Mame Mandiaye Niang, asserts that it is ultimately for the three-judge panel to decide whether there is adequate cause to hold the hearing in the suspect’s absence.
Citing past practice, the prosecution noted that such requests were granted “sparingly” and considered “exceptional” in nature.
Duterte’s request, filed earlier this week, primarily cited his refusal to recognize the Court’s jurisdiction, claims that he was “kidnapped” upon transfer to The Hague, and allegations that the charges related to the war on drugs were an “outrageous lie” invented by political opponents.
The prosecution dismissed these arguments as “a continuation of Mr Duterte’s rejection of the legitimacy of the proceedings,” arguing that such statements do not constitute legal cause for absence.
Furthermore, the OTP emphasized that the Chamber has comprehensively examined Duterte’s health, concluding that he is both physically and mentally fit to participate.
The judges have previously implemented measures to ensure his comfort during the proceedings. Prosecutors noted that while Duterte claimed to be “old, tired, and frail,” his stated intention not to follow the proceedings even via video-link suggests his reasons “are not health related but rather due to his lack of respect for the Court.”
The filing also stressed the importance of Duterte’s physical presence for the victims and for the principle of open justice, pointing out that the defense itself complained as recently as January that Duterte had “not been seen in court for 10 months.”
In its rebuttal, the prosecution accused the defense of misrepresenting medical records, noting that while the defense highlighted poor scores on certain cognitive tests, it omitted the expert panel’s conclusion that Duterte was an “unreliable historian” regarding his own health assessments.
“The Prosecution does not accept as valid any of the assertions made by the Defense… regarding Mr Duterte’s health, fitness and mental or physical capacity,” the filing reads.
The confirmation of charges hearing is scheduled to begin next week. A decision on whether Duterte must appear in person now rests with the Chamber.
