ICC begins steps to let victims’ kin participate
The families of individuals who were victims of extrajudicial killings in former President Rodrigo Duterte’s brutal war on drugs are ready to share their sentiments and concerns to the International Criminal Court (ICC) and seek reparation, one of their lawyers said on Saturday.
Duterte was arrested last week and handed over to the ICC in The Hague, the Netherlands, to face trial on charges of crimes against humanity, specifically murder, for the thousands killed in his drug war.
The Pre-Trial Chamber (PTC) of the ICC, in an order dated March 21, directed the court Registry to file “observations” on the application of drug war victims’ families to participate in the case against Duterte. The Registry is tasked with handling court documents and to ensure that proper procedures are observed.
According to human rights lawyer Kristina Conti, who has been assisting the families of the victims in the investigation of the case against the former president, the order meant that the Registry should be able to establish the application “mechanisms and modes” for those who want to be involved at the pretrial stage.
Who are ‘victims’?
According to the order, this would involve the admission process for victims’ relatives interested to join the proceedings; submission of application forms; proof of identity of applicants; and their legal representation in the proceedings.
These documents should be turned over to the pretrial court by April 2.
In a phone interview with the Inquirer, Conti said that the term “victims” in the ICC case referred not only those who were killed in the drug war themselves but also their family members who suffered “psychological harm” from their violent deaths.
The group Rise Up for Life and for Rights, which Conti represents, is assisting at least 200 families of victims of extrajudicial killings in the case against Duterte. But Conti noted that there were other groups that were also giving support to these families.
First appearance hearing
Duterte has already appeared before the PTC during a brief initial hearing on March 14 where his identity was established and where he was asked whether he understood the charges against him.
A confirmation hearing was scheduled for Sept. 23. The purpose of that hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that he committed the crimes charged. If the charges are confirmed, the case will be transferred to a Trial Chamber for the subsequent trial phase.
The PTC would “gauge” the “feelings, concerns and views” of the family members based on the defense evidence and testimonies during the confirmation hearing. The court may choose to ask comments from the victims on what transpired at the confirmation hearing days or weeks after, and not during the hearing itself, Conti said.
Witnesses for screening
The lawyer, who is now in The Hague to work on the participation of victims, explained that the role of their counsels was limited to their “participation” and not to their intentions to “testify” in court, which is the task of the ICC’s Office of the Prosecutor.
Victims who wish to “testify” as witnesses would have to be screened by the ICC prosecutor before they could be given an opportunity to help prove the drug-related deaths in court.
“The views and concerns, as well as interests, would be protected. They can also give a legal opinion, but that is not the primary [purpose],” Conti told the Inquirer. “What is important is that the court is able to determine the [sentiments] of victims.”
The human rights lawyer shared a possible scenario for victims should they “engage legally” during the confirmation hearing. “For example, a witness says that all the murdered individuals were [drug] addicts … [a victim] can engage and say, ‘my son is not an addict and I can show proof,’” Conti said.
Victims, however, can also choose to not participate, and this would not be a basis for dismissal of charges, she explained.
Should they decide to participate, their physical appearance before the court is not required, but Conti said that “their legal representative should be present at the minimum.”
Common representative
While awaiting the rules for application from the court, the victims’ counsels may decide to discuss who among them would serve as the “common legal representative,” said Conti, noting that the representative could be a team not just one lawyer.
Various factors, such as the nationality, number of lawyers, and the level of trust, could be considered in choosing the representative for victims.
“But the main consideration is [choosing a lawyer] who could mount an effective representation for the victims … and a counsel who is fully committed to the case,” she said.
The security and safety of victims are a priority of the ICC during the proceedings so their identities would be protected. If an opportunity to fly to The Hague is given to the victims, the court’s Victims and Witnesses Unit can provide protection for them, Conti said.
Ultimately, the victims “should be able to receive reparations even if they did not participate in the proceedings,” she said.
Submit ‘observations’
In its order, the PTC also directed the prosecution to provide information on the volume and type of evidence it would turn over to the court by April 4.
The defense was given a week to submit its “observations” to the prosecution’s evidence and the probable direction of its strategy, such as invoking grounds for exclusion of criminal responsibility and raising an “alibi.” They have until April 11 to do that.
Duterte’s eldest daughter, Vice President Sara Duterte, who is in The Hague, said his partner, Honeylet, and their daughter, Veronica, were likely to visit him on his 80th birthday on March 28.
Supporters of the former president at The Hague, mostly overseas Filipino workers, are also planning to mount a show of solidarity for Duterte this Sunday, the Vice President said.
