ICC denies Du30 lawyers’ bid for info on witnesses

ANTICIPATED HEARING Relatives of victims of Rodrigo Duterte’s drug war gather at Rajah Sulayman Park ahead of Monday’s hearing by the International Criminal Court, which has denied a request by the defense for the disclosure of certain information about witnesses due to testify against the former president. —GRIG C. MONTEGRANDE

THE HAGUE, THE NETHERLANDS—A pretrial chamber of the International Criminal Court (ICC) has denied the request of lawyers of former President Rodrigo Duterte for the prosecution to disclose certain information about witnesses, including their willingness to testify should the case proceed to trial.

According to the Pre-Trial Chamber (PTC) I, while the publicity of the pretrial proceedings is a “well-established principle” as shown in previous rulings by the ICC, it is “not absolute” and should be weighed against the need to protect the safety, well-being and privacy of victims and witnesses, as guaranteed in the Rome Statute.

The ruling was in response to the request of the defense on Feb. 16 to disclose more information on the prosecution’s witnesses in the spirit of “transparency” and “publicity” of the proceedings ahead of the much-anticipated confirmation of charges hearing starting Feb. 23. The hearings will continue on Feb. 24, 26, and 27.

The defense, led by lawyer Nicholas Kaufman, argued that they would be limited to challenging the prosecution’s evidence included in the redacted version of the document containing charges only in “closed or private sessions,” adding that the information it sought to be disclosed was known information in the Philippines anyway.

However, the chamber agreed with the prosecution’s argument that lifting the redactions in the ICC and pre-confirmation brief, which detailed Duterte’s charges of three counts of murder, would jeopardize the security of the victims and witnesses.

“Contrary to what the defense implies… the right to a public trial and the principle of publicity of the proceedings does not equate to an absolute right for the public to know all the details of a case or for the defense to present its arguments fully in public session, to the detriment of the integrity of the proceedings and the safety of those involved,” the chamber said in its six-page decision dated Feb. 20.

“In the view of the chamber, whether some of the information requested to be disclosed to the public is allegedly already public information in the Philippines does not negate the risks imposed on the relevant individuals and their families should the information be confirmed or not, which might also heighten such risks,” the three-member PTC I stressed.

The court said the redacted information does not prevent the defense from challenging the “reliability and admissibility” of the other party’s evidence during the hearing.

RENEWED CALL FOR JUSTICE Relatives of victims of extrajudicial killings during Rodrigo Duterte’s drug war gather in Manila on Sunday to clamor anew for justice, ahead of Monday’s confirmation of charges hearing at the International Criminal Court, while, not far from that rally, supporters of the former president launch a signature drive to bring him home. —GRIG C. MONTEGRANDE

Respect confidentiality

Invoking the ICC’s Code of Professional Conduct, the PTC reminded Kaufman and the rest of the defense lawyers to “respect professional secrecy and confidential information at all times,” including during the conduct of the confirmation of charges hearing.

“As such, counsel has a duty to ensure that his oral submissions, taken in isolation or holistically, do not directly or indirectly reveal any confidential information, and to request that part of the hearing be held in private session should counsel intend to address such information,” it noted.

The PTC decision is among the last issues the chamber resolved on the last working day before the start of the pretrial hearing, where parties and participants to the case would present their arguments and merits on the case for the court to determine whether there is sufficient basis for the charges against Duterte to proceed to trial.

The chamber also rejected the defense’s bid to disqualify Filipino lawyers Joel Butuyan and Gilbert Andres in the case, but it granted Duterte’s request, through a written waiver, to skip the hearing, citing his health issues and lack of the ICC’s jurisdiction over him.

Duterte, who remains detained at the Scheveningen prison complex here, is charged with crimes against humanity in connection with the murder and attempted murder of 78 individuals in the context of his so-called war on drugs.

Visitors barred

The ICC has also barred any in-person visits for Duterte during his confirmation of charges hearing.

“Please be informed that there are no approved in-person family visits to former President Rodrigo Duterte while the court conducts hearings,” the Duterte family said in a statement on Sunday.

The family also announced the team of Filipino lawyers who will attend the hearings.

They are Duterte’s former Executive Secretary Salvador Medialdea, former spokesperson Salvador Panelo, and former labor chief Silvestre Bello III.

Also in Duterte’s team of lawyers are Martin Delgra III, Alfredo Lim Jr. and Caesar Dulay.

In Manila, Philippine National Police chief Gen. Jose Melencio Nartatez Jr. has placed all units on heightened alert and is monitoring protests ahead of the ICC proceedings to ensure public safety, with civil disturbance management teams and medical emergency responders ready on standby.

“Our security measures are in place and… intended to ensure the peaceful conduct of any activity in public places,” Nartatez said in a statement on Sunday.

“Maximum tolerance will be strictly observed, but the law will be upheld. Our personnel are instructed to remain professional and avoid any confrontation,” he said. —WITH REPORTS FROM JOHN ERIC MENDOZA AND ANDREA GREGORIO

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