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Du30 camp: Let us add 108 items as evidence
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Du30 camp: Let us add 108 items as evidence

Keith Clores

The defense counsel of former President Rodrigo Duterte has asked the International Criminal Court (ICC) for permission to add 108 items to its evidence that will be used in the confirmation of charges hearing set to begin on Feb. 23.

“The Defence for Mr. Rodrigo Roa Duterte hereby requests leave to add 108 items (“Additional Items”) to its List of Evidence to be relied on during the hearing on the confirmation of charges,” the document submitted on Wednesday read.

Lawyer Nicholas Kaufman, Duterte’s counsel, said the additional pieces of evidence were “highly relevant” to the crimes against humanity case the former President was facing before the international court.

According to Kaufman, six of the 108 items have previously been disclosed by the defense since February 2025, although these have now become essential as evidence “as a result of the assimilation” of said items.

Significant prejudice

He added that the additional items “do not occasion any unfair prejudice,” saying that apart from three items, the new set of evidence are “all prosecution evidence or transcripts of audio-video material disclosed by the prosecution.”

Not permitting the evidence, Kaufman stressed, “would cause significant prejudice to Mr. Duterte.”

The defense lawyer further said the amount of evidence is “modest.”

“Indeed, while a prima facie count brings the total items to 108, they are mostly transcripts and translations of transcripts of audio-video material. As such, the substantive volume of evidence sought to be added can be reduced by half,” he said.

He also pointed out that the prosecution is “presumed to be aware” of the relevance or lack thereof of the evidence.

The 108 additional items were not disclosed to the public, but were presented to the prosecution which, according to the defense, confirmed in inter partes (“between the parties”) communications that their addition causes no prejudice.

See Also

‘Stop the drama’

Duterte is detained in a Dutch prison complex in the district of Scheveningen, The Hague, as he faces three counts of murder before the ICC. He is accused of being an alleged “indirect coperpetrator” in a “common plan” to target drug suspects, thousands of whom ended up dead during his terms as Davao City mayor and later, as President.

Meanwhile, a mother who lost two sons in Duterte’s drug war raised doubts on Thursday over his request to skip the ICC pretrial hearings.

Saying he is “old, tired and frail,” the 80-year-old former leader told the Pre-Trial Chamber (PTC) I on Feb. 17 that he is waiving his right to appear at the proceedings, whether in-person or on video.

“Stop the drama and face the music, “ Llore Pasco of Rise Up for Life and for Rights said in a statement. “I am also old and tired but I will not stop fighting for justice for my sons and for all the victims of the war on drugs.”

The 71-year-old Pasco called Duterte a “coward desperate to escape accountability.” “When he ordered the police to ‘kill, kill, kill,’ he did not complain that he was old, tired and frail. Where has his braggadocio gone?” she asked.

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