ICC prosecutors ask pre-trial chamber to deny Duterte's plea to skip confirmation of charges hearing
The International Criminal Court prosecution has filed its rejection of former president Rodrigo Duterte's appeal to be excused from appearing at his confirmation of charges hearing next week.
Responding to the defense team's request to allow Duterte to be absent at the hearing, the prosecution maintained its position that the former president is "not entitled to unilaterally excuse himself from attending the proceedings in person."
"In his Request, Mr Duterte fails to provide any compelling reason that would justify the confirmation hearing being held in his absence," wrote the prosecution in a redacted response signed by deputy prosecutor Mame Mandiaye Niang, filed on Feb. 19.
The hearing for the confirmation of charges against Duterte is scheduled on Feb. 23, 24, 26, and 27. In a letter addressed to the ICC Pre-Trial Chamber earlier this week, Duterte expressed his desire to be excused from appearing at the hearing, saying he is "old, tired, and frail" and would "forget within minutes" the happenings in court.
"I wish for this court to respect my peace inside the cell it has placed me. I have accepted the fact that I could die in prison," he added.
In the same letter, Duterte reiterated his belief that he was "forcibly" taken to The Hague, referring to it as a "kidnapping."
"These statements are a continuation of Mr Duterte's rejection of the legitimacy of the proceedings against him before the Court. His refusal to acknowledge the legitimacy of the proceedings does not constitute cause to hold the confirmation hearing in his absence," asserted the prosecution.
The team reminded the Chamber that Duterte's health has been examined by independent medical professionals and that the same Chamber has concluded, based on expert findings, that he is mentally fit to participate in the confirmation proceedings in person.
"Thus, the fact that he does 'not wish to attend' should be given minimal weight in the Chamber's decision on this matter," said the prosecution.
"In addition, the fact that Mr Duterte has stated that he will not even follow the proceedings via video link demonstrates that his reasons to avoid appearing in public are not health related but rather due to his lack of respect for the Court," they added.
The prosecution continued that on Jan. 9, the defense "complained" that Duterte "'had not been seen in court for ten months.' Mr Duterte's sudden heel-turn on this matter now, days before he is due to face the substantive criminal charges made against him, should be rejected by the Chamber."
Duterte has been at the ICC since March 12, 2025 following his arrest at the Ninoy Aquino International Airport. He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Rome Statute."
