The International Criminal Court (ICC) has rejected former President Rodrigo Duterte’s appeal for the reversal of the decision declaring him physically fit to participate in the pre-trial proceedings on Friday, February 13.

Previously, the Pre-Trial Chamber on January 26 rejected Duterte’s request for indefinite adjournment, to which his legal team responded with this appeal on February 2.

They argued that the Chamber ignored relevant clinical evidence on Duterte’s lack of fitness, erred in rejecting the Defence’s request to hold a hearing on the matter, did not coherently articulate its rationale for believing Duterte able to take part in proceedings, and erred in failing to consider the impact of the possible pre-trial findings on Duterte’s ability to stand trial.

Citing established case law, the Chamber said interlocutory appeals such as this are reserved for exceptional circumstances, and noted that the following requirements should be satisfied to grant leave to appeal:

• A decision must involve an issue that would significantly affect (i) both the “fair” and “expeditious” conduct of the proceedings; or (ii) the outcome of the trial

• In the view of the Pre-Trial Chamber, an immediate resolution of the issue by the Appeals Chamber is warranted as it may materially advance the proceedings

“An appealable ‘issue’ is an identifiable subject or topic requiring a decision for its resolution, not merely a question over which there is disagreement or conflicting opinion; it must emanate from the relevant decision itself and cannot represent a hypothetical concern or abstract legal question,” the Chamber wrote in its 11-page ruling.

In another decision issued on the same day, the ICC has authorized the participation of 500 more victims of Duterte’s War on Drugs ahead of the confirmation of charges on February 23.