ICC rejects Duterte's bid for access to medical expert communications
The International Criminal Court turned down former president Rodrigo Duterte's appeal to disclose private communications between the court's Registry and the independent panel of medical experts who examined his fitness for trial.
In a five-page decision, the ICC Pre-Trial Chamber I said the defense has “all the necessary information” on how the court worked with the experts and what instructions they were given to assess whether Duterte is healthy enough, as provided in the Registry's transmission and the panel's reports.
The chamber also reiterated that the Registry "is a neutral organ of the Court, whose main role in the present case was to liaise with the Experts to transmit the Chamber’s instructions."
“Without further substantiation from the defense, the disclosure of ‘all communications between the Registry and the three experts’ is not warranted,” read the decision signed by all three pre-trial judges.
Duterte’s lawyer Nicholas Kaufman had asked the court to order the ICC Registry to release all communications it had with the three medical experts, which include "emails, letters, and/or notes taken during telephone conversations as well as specific documents."
On Dec. 18, an independent medical panel appointed by the ICC unanimously ruled that Duterte is fit to participate in pre-trial proceedings.
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
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."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
