Prosecutors have formally objected to an appeal request filed by the legal team of former President Rodrigo Duterte. The appeal concerns an earlier decision by the International Criminal Court (ICC) that determined Duterte was fit to stand trial and denied a request for indefinite postponement of proceedings.
ICC Response to Appeal Request
In a nine-page pleading dated February 12 and signed by Deputy Prosecutor Mame Mandiaye Niang, the prosecution argued that the defense’s appeal is based on disagreement with the ICC Pre-Trial Chamber I’s January 26 ruling, and does not present any “appealable issue.” The prosecution stated the Chamber should reject the defense’s request.
The prosecution outlined four issues raised by the defense for appeal: claims that the Chamber erred in fact and law by disregarding clinical evidence regarding Duterte’s cognitive condition; erred by rejecting a request for an evidentiary hearing to question the panel of experts; failed to articulate coherent reasoning for finding Duterte fit to proceed; and erred by limiting its assessment of his fitness to the pre-trial phase.
Concerns About Delay
Prosecutors argued that allowing the appeal would further delay proceedings, which have already been postponed for five months to assess Duterte’s fitness. They asserted that the Pre-Trial Chamber I did not ignore medical reports provided by the defense, and that the defense’s report was reviewed by the panel of experts who assessed the 80-year-old’s condition.
The prosecution maintained that the Pre-Trial Chamber I provided sufficient reasoning for its determination of Duterte’s fitness and that there is no statutory requirement to hold a hearing on fitness to stand trial. They similarly noted that the defense itself acknowledged the possibility of revisiting Duterte’s fitness at a later trial stage.
Should the charges against Duterte be confirmed, the prosecution stated the defense could still challenge his fitness before a Trial Chamber, if a factual basis exists. The prosecution also argued that assessing Duterte’s fitness for a potential trial would require speculation about his future condition.
Frequently Asked Questions
What is the basis of the prosecution’s objection?
The prosecution argues that the defense’s appeal request merely disagrees with the ICC Pre-Trial Chamber I’s January 26 ruling and does not present any “appealable issue.”
What issues did the defense identify for appeal?
The defense identified four issues: the Chamber’s alleged disregard of clinical evidence, rejection of an evidentiary hearing, lack of coherent reasoning, and limiting the assessment of fitness to the pre-trial phase.
What is the next step in the process?
The ICC Pre-Trial Chamber I has scheduled confirmation of charges hearings from February 23 to 27, 2026. It is possible the Chamber will rule on the appeal request before those hearings begin.
Given the prosecution’s strong opposition, what impact might a ruling on this appeal have on the timeline and progression of the case?
