MANILA– Former President Rodrigo Duterte’s legal team has asked the International Criminal Court (ICC) Pre-Trial Chamber I to allow an appeal of its ruling denying a request for indefinite adjournment of pre-trial proceedings in his case related to the Philippine drug war.

In a 19-page document dated February 2, Duterte’s defense also sought to appeal the chamber’s denial of a request for an evidentiary hearing.

“The Pre-Trial Chamber erred in fact and in law when it ignored relevant clinical evidence on Mr Duterte’s cognitive condition, including that provided by the Defence experts,” the filing said.

In January, the chamber found Duterte fit to participate in the pre-trial proceedings, rejecting his request for an indefinite adjournment. The former president’s camp argued that the chamber failed to clearly explain why he was deemed fit to proceed.

“The Panel did not conclude that Mr. Duterte was devoid of memory problems, rather that he exhibited underperformance. Nowhere did the Panel state that such underperformance was deliberate,” the filing said.

The defense added that the chamber did not consider how Duterte’s cognitive issues could affect his ability to retain information necessary to exercise his procedural rights. It argued that an immediate resolution is needed to prevent further delay, protect Duterte’s rights, and ensure a fair and expeditious process.

“Prompt appellate resolution will ensure that the pre-trial proceedings proceed on a sound basis, will avoid any future litigation on the matter, and will remove doubts as to the correctness of the Impugned Decision,” the document said.

The ICC Prosecutor has charged Duterte with 49 counts of murder and attempted murder during his tenure as Davao City mayor and as President of the Philippines, although human rights groups say the actual scale of killings linked to anti-drug operations may reach up to 30,000. Government records indicate roughly 6,200 drug suspects were killed during his administration.