Victims, their lawyers, and supporters expressed deep disappointment at the International Criminal Court (ICC) Pre-Trial Chamber’s postponement of the scheduled confirmation hearing for Rodrigo Duterte’s crimes against humanity case on September 23. The court upheld the lawyers’ statements that Duterte was “unfit to stand trial.” However, the court limited the postponement “to the time strictly necessary to determine whether Mr Duterte is fit to follow and participate in the pre-trial proceedings.” In ICC history, the court has never declared an accused as “unfit” for trial despite the defendants’ petitions. The court released its decision on Duterte on September 8.

“Duterte’s legal team is notorious for drama and antics of obfuscation,” according to Atty. Neri Javier Colmenares of the National Union of Peoples’ Lawyers and lawyer for the victims in Rise Up for Life and for Rights. He stated that Duterte had used this tactic many times and that no one will fall for his desperate, time-worn, and calculated ploy to paint himself as the aggrieved.

“Fitness for trial is a factual matter that can and should be decided soonest,” Colmenares said. He explained that if Duterte was ill, he could waive his right to be present at the hearing and assign his lawyers to represent him, in accordance with ICC rules.

Since the ICC took Duterte into custody after his arrest in March, his lawyers have been actively maneuvering to delay and eventually have the case dismissed. They filed petition after petition to avoid the confirmation of charges. In August, they submitted a petition for indefinite temporary suspension of the proceedings.

The Duterte Accountability Network Europe also expressed similar disappointment.

“This is another bitter and unnecessary postponement that will delay justice for the families,” Duterte Accountability Network Europe convenor Icai Enriquez, said. “Further delaying the legal process deepens the suffering of the thousands orphaned by extrajudicial killings and other crimes against humanity under Duterte’s violent regime.”

Victims and prosecutors are ready to prove the crimes against humanity case against Duterte. They appealed to the ICC to reset the hearing at the soonest possible time.

In related news, Secretary of Justice Jesus Remulla confirmed that retired police official Royima Garma was preparing to testify before the ICC regarding Duterte’s murderous policy. She arrived in the Philippines on September 7 after the US rejected her asylum petition. She flew to Malaysia on the same day to meet with ICC officials.