Foreigners to defend Du30; Roque out, says VP
Only foreign lawyers with a mastery of international law and familiarity with grave crimes under the jurisdiction of the International Criminal Court (ICC) will comprise the defense team of former President Rodrigo Duterte, according to his daughter, Vice President Sara Duterte.
She also disclosed that former presidential spokesperson Harry Roque, who is registered with the ICC as counsel, would not be nominated anymore to be part of the defense team, contrary to earlier pronouncements.
The younger Duterte on Tuesday night said this would be the direction for her father’s defense in his alleged crimes against humanity of murder in connection with the drug war on his watch as president.
She noted that “ICC experience” would be a primary qualification for the lawyers to be tapped.
British-Israeli lawyer Nicholas Kaufman would lead the team of lawyers for Duterte, together with another foreign ICC-accredited lawyer, Duterte said.
“And then, once the team for the ICC is ironed out, Attorney [Salvador] Medialdea will withdraw because there are only limited slots for lawyers,” she told reporters in The Hague, referring to her father’s former executive secretary. “We want all the lawyers on board to have ICC experience.”
Medialdea is recognized as legal counsel for the former president by the Pre-Trial Chamber 1, which is handling the case against Duterte.
On Tuesday Medialdea, who accompanied Duterte on the chartered flight last week to The Hague, had to be brought to a hospital just as he was on his way to visit his detained former boss. There were no further details yet as of Wednesday.
The Pre-Trial Chamber 1 has also officially recognized Kaufman as defense counsel for the rest of the ICC proceedings.
Based on a redacted document released on Thursday night (Manila time), the older Duterte, in a handwritten letter, had expressed interest to nominate Kaufman as his lead counsel on Friday when the former president was scheduled to appear for the first time in court.
He also asked that the initial appearance hearing be deferred to a later date “to allow me to confer with my lead defense counsel.”
The ICC Registry, which is tasked with providing judicial support, received the letter that same day but the requests of Duterte were not acted on as the hearing went on as scheduled.
It was only on Monday that the Registry had a meeting with Duterte, who signed the appointment papers for Kaufman.
The Vice President, however, did not name the other candidate for her father’s defense, saying only that she was set to “interview” the lawyer, who was on the way to The Hague.
Asked whether the lawyer and Kaufman were the only persons to form the legal team, Sara said: “We have a list already.”
International law experts earlier said that Duterte could pick his defense counsel from a roster of lawyers authorized to practice at the ICC. The list, updated as of February this year, is readily accessible on the court’s website.
Sara Duterte made the confirmation on the new composition of the legal team after stepping out of the ICC detention center at the Scheveningen prison complex.
‘Not established yet’
Regarding Roque, she said “the basis for his stay in the Netherlands has not been established yet. And we don’t want complications. We want lawyers to be really focused on the case.”
Roque is one of five Filipino lawyers recognized by the ICC, the others being Inquirer columnist Joel Butuyan, Gilbert Andres, Nashmyleen Marohomsalic and Charles Chua.
In a virtual press conference from The Hague, Roque on Monday announced that he would seek political asylum in the Netherlands amid a human trafficking case awaiting him in the country before the Department of Justice and a contempt charge by the House of Representatives.
He refused to answer when asked where he stayed prior to going to the European country.
The former aide of Duterte showed up in The Hague on Friday last week to try to seek accreditation as his counsel in time for the initial appearance hearing on the same day.
On Tuesday, Roque clarified that the Vice President would no longer be included in the legal team for Duterte, noting the 1987 Constitution which bars her as an official from practicing her legal profession.
Section 13 of Article 7 of the Charter prohibits the President, Vice President, members of the Cabinet and their deputies or assistants from holding other positions or forms of employment, including participation in business or practicing any other profession, during their term.
The visitation rights of Sara Duterte, Roque noted, would have to be based on being a detainee’s relative, who is required to comply with more protocols, such as filling out application forms that are not required of counsels.
For his part, Kaufman vowed to put up a “strong defense” as he starts to take charge in forming the team that would represent Duterte in the ICC proceedings, including the six-month gap leading up to the Sept. 23 confirmation hearing.
He, however, declined to give details of the possible petitions to be raised by the defense in the following weeks.
“It’s not for me to comment on the defense strategy at this moment in time,” he told reporters in The Hague.
Kaufman, whose portfolio includes working on high-profile cases of celebrities and politicians, said he was still awaiting confirmation from the Pre-Trial Chamber on his nomination.
He also did not want to answer questions on the funding or salary arrangement as Duterte’s counsel, saying he was “not at liberty to discuss” such matters.
‘Just come home’
Meanwhile, Malacañang reiterated on Wednesday that Roque should just return to the country and face the human trafficking complaint against him.
Communications Undersecretary and Palace press officer Claire Castro noted that Roque is not included in Duterte’s legal team.
“If he won’t come home because he wants to represent his president, then it might be better if he prioritizes representing himself, defending himself before he defends other people,” she said in a press briefing.
Makabayan lawmakers also dared Roque to come home and face the charges against him.
“Mr. Roque should stop pretending to be a human rights lawyer and face the contempt order issued against him by the congressional quad committee,” House Assistant Minority Leader Arlene Brosas said.
“Wala ka ambag d’yan. Uwi ka na (You contribute nothing there. Just come home),” she also said. —WITH REPORTS FROM JULIE M. AURELIO AND JEANNETTE I. ANDRADE
