Safety first: ICC extends deadline anew for prosecution in Du30 case
A pretrial chamber (PTC) of the International Criminal Court (ICC) has given the prosecution more time before disclosing the identity of certain witnesses and pieces of evidence in the murder case against former President Rodrigo Duterte, to better ensure the witnesses’ safety.
The PTC I, in a decision dated May 20, granted the request of the prosecution to extend to July 1 the turnover to the defense team of materials cited in the arrest warrant against Duterte, who is charged with murder as a crime against humanity for the thousands killed by the antidrug crackdown he launched as Davao City mayor and later as president of the Philippines.
The chamber said there was “good cause” for granting an extension, citing the likely danger of revealing the identities of the witnesses at this time.
“The chamber notes the prosecution’s submission that, although it ‘does not (currently) assess that it will be required to submit requests to the chamber for the nondisclosure of the identities of the [relevant] witnesses, it ‘assesses that the immediate disclosure of their identities would give rise to an objective risk to their safety,” the chamber said.
Defense did not object
“For this reason … the chamber considers that good cause is shown, within the meaning of regulation 35 of the Regulations, to grant an extension of the relevant time limits,” it added.
Under Regulation 35 of the ICC Regulations of the Court, a chamber may extend or shorten a deadline “if good cause is shown and, where appropriate, after having given the participants an opportunity to be heard.” Seeking extensions should be made either in writing or orally to the chamber.
The PTC noted that the defense team of Duterte, led by Nicholas Kaufmann, did not block or object to the prosecution’s request to push back the last day of disclosure.
The court also allowed the prosecution to move the deadline to June 16 should there be any “nonstandard” applications for the redaction of witnesses’ identities or pieces of evidence.
On the same date, the chamber also set the last day for the prosecution to complete the “risk assessments and implementation of measures to protect witnesses and persons at risk.” The conclusion of these assessments should be done in consultation with the ICC’s Victims and Witnesses Unit.
‘Reasonable grounds’
Based on the warrant of arrest issued against Duterte, the PTC found “reasonable grounds to believe” that people allegedly involved in drug-related crimes and other forms of criminal acts were murdered from Nov. 1 2011 to March 16, 2019, the period when the Philippines was still a party to the Rome Statute, the framework establishing the ICC.
The arrest warrant cited “material submitted by the prosecution, which relates to a nonexhaustive list of incidents” involving at least 43 murder cases, broken down to at least 19 alleged drug pushers or thieves killed in Davao City and at least 24 alleged drug pushers and users in other various parts of the country.
The warrant was served on Duterte on March 11 by local law enforcement authorities at the request of the International Criminal Police Organization (Interpol) upon his landing in Manila from Hong Kong.
He was flown later that day to The Hague, in the Netherlands, where he had since been held at an ICC detention facility.
His second hearing before the PTC I—for the confirmation of charges—is set for Sept. 23.
First extension
The latest extension of the deadline for further information from the prosecution’s witnesses followed the initial request made on March 19. This was granted by the PTC the next day and set May 9 as the new deadline.
On that day, the prosecution was able to disclose some of the arrest warrant materials from other unidentified witnesses, but it also asked for another extension for the rest of the witnesses.
The prosecution explained that its motion to move deadlines were “reasonable and consistent with Duterte’s and witnesses’ rights.” It also assured the court that its continued collection of evidence would not affect the disclosure process or the confirmation of charges hearing.
The Office of the Prosecutor (OTP) is led by Karim Khan, who went on voluntary leave on May 16 due to an ongoing investigation into allegations that he committed sexual misconduct.
Khan steps aside
Khan earlier said he would remain on leave until the UN Office of Internal Oversight Services, the internal oversight body of the United Nations, had concluded the probe.
In a statement on Monday, the OTP confirmed that deputy prosecutors Nazhat Shameem Khan and Mame Mandiaye Niang are taking over Khan’s duties for the management and administration of the ICC prosecution.
“In assuming leadership, the deputy prosecutors underline the importance of ensuring continuity of the office’s activities across all areas of work, and particularly in its mission to investigate and prosecute the most serious crimes with independence and impartiality,” it said.
“The Office reaffirms its commitment to the continued effective implementation of its mandate to deliver justice for victims of Rome Statute crimes, across all situations and cases globally,” the OTP added.
The OTP also asked to respect the privacy and rights of those involved as it vowed to “fully cooperate” with the procedures of the investigation.
No worries
Human rights lawyer Kristina Conti, one the lawyers representing the drug war victims and their families in the ICC proceedings, earlier told the Inquirer that the sudden leadership change in the OTP at this point in the Duterte case should not pose a concern since the deputy prosecutors can take over.
She said the victims themselves were “not too worried” since court proceedings would be going as scheduled.
In a Facebook post over the weekend, Conti said: “I think (Khan’s) decision to step aside while the investigation deepens was also right. It’s part of the accountability mechanism. No person is perfect, no institution is perfect. But the ICC is also worth a shot for justice for the victims, while still looking for another space.”
