LEAD defense lawyer Nicholas Kaufman yesterday appealed to the Marcos administration to allow former president Rodrigo Duterte to return to the Philippines and face charges related to the drug war killings that maybe filed against him here, saying that his health has been “progressively deteriorating” while detained in the Netherlands.
Kaufman made the appeal after the Pre-Trial Chamber 1 of the International Criminal Court (ICC) indefinitely postponed the scheduled September 23 confirmation of charges hearing against Duterte, who is facing crimes against humanity charges before the tribunal.
Kaufman, in seeking the postponement of the hearing, has earlier told the chamber that the elderly Duterte was “not fit to stand trial.”
“The hearing on the confirmation of charges has been postponed, and the reason for this has been disclosed by the judges. Ever since his precipitous and traumatic rendition, the Defense has been struggling with the former president’s progressively deteriorating medical situation which has affected his ability to assimilate the evidence and to give his lawyers proper instructions,” Kaufman said in an interview with a pro-Duterte vlogger, the transcript of which the latter posted on his social media account for the media and the public to use.
Though he did not provide details on the medical situation of his client, Kaufman said he would disclose such information if this is not back by medical experts, including one not selected by the defense.
“While the former president remains in good spirits, his age and the conditions of detention have taken their toll on him. The Defense sincerely hopes that the current administration, which sought fit to outsource its obligation to afford the former president a fair trial in the country of his birth, will now let him return home to face whatever judicial process is necessary, if at all, with dignity,” Kaufman said.
The ICC has yet to resolve the defense team’s application for Duterte’s interim release, which the Office of the Prosecutor and the Office of the Public Counsel for Victims (OPCV) have vigorously opposed.
‘DRAMA’
In a statement through the National Union of People’s Lawyers (NUPL), drug war victims asked the public to be discerning of Duterte’s motives when his camp said he is not fit to stand trial.
“Duterte is notorious for drama and antics of obfuscation. And Filipinos have seen this tactic one time too many. We will not fall for a desperate, time-worn, and calculated ploy to paint himself aggrieved. Fitness for trial is a factual matter that can and should be decided soonest, so that the trial on merits can proceed,” the NUPL said.
“If Duterte is feeling ill or not his usual strongman self, he could actually waive his right to be present at the hearing, per Rule 124 of the ICC Rules of Procedure and Evidence, and assign his lawyer to represent him,” it added.
The NUPL is helping the drug war victims in pursuing the case against Duterte, who has been detained at the ICC detention facility since March 11.
