THE HAGUE – Ipinag-utos ng International Criminal Court (ICC) Trial Chamber III ang medical examination para kay dating Pangulong Rodrigo Duterte upang malaman kung ito ay ‘fit to stand trial’ sa Nobyembre 30.
Sinabi ng ICC Trial Chamber III na “it finds that a medical examination of the Accused pursuant to Rule 135 of the Rules is necessary for it to properly discharge its obligations pursuant to Article 64 of the Statute and adjudicate on any issues as to the Accused’s fitness to stand trial.”
Ito ay ayon na rin sa public redacted version ng “Decision appointing experts for the purpose of a medical examination pursuant to Rule 135 of the Rules of Procedure and Evidence” na may petsang Hunyo 12, 2026 at inilabas nitong Sabado.
“Accordingly, the Chamber is yet to address and resolve the issue of the Accused’s fitness, having not been involved in the previous assessment and determination made by the Pre-Trial Chamber, which was limited in scope to the pre-trial proceedings,” dagdag pa.
“Given that the Accused is now to stand trial, the Chamber finds that it requires an objective assessment of the Accused’s health by independent experts for the purposes of making a determination as to his fitness to stand trial.”
“The appointed experts must also consider his medical condition, regardless of whether it has remained stable or changed, vis-à-vis the upcoming trial proceedings due to commence on 30 November 2026,” sinabi pa.
“Accordingly, for these reasons the Chamber orders a medical examination to be conducted of the Accused pursuant to Rule 135 of the Rules,” dagdag ng Chamber.
Itinalaga ng chamber ang parehong multidisciplinary panel na napili sa pre-trial stage at tinanggap na sa List of Experts ng ICC at napagkasunduan ng mga partido.
Iginiit pa na ang isyu kung ang akusado ay fit to stand trial “does not depend, in and of itself, on whether he or she has particular medical conditions, but whether he or she is able to effectively exercise his or her fair trial rights in the proceedings.”
Ipinunto rin na kung ang medical examination ay ipag-utos sa ilalim ng Rule 135 of the Rules, “it is the exclusive responsibility of the Chamber to determine the fitness of the accused, in view of its obligations under Article 64(2) of the Statute.”
Samantala, pinagbigyan naman ng chamber ang hiling ni Duterte na isama ang isang indibidwal na tinukoy bilang redacted sa dokumento, sa listahan ng kanyang non-privileged contacts. RNT/JGC
