The International Criminal Court (ICC) has given the prosecution and the defense team of former President Rodrigo Duterte less than a month to disclose their respective evidence ahead of the confirmation of charges scheduled for 23 September.
In an order dated 21 March, the ICC Pre-Trial Chamber I ordered the prosecution team to submit by 4 April the pieces of evidence that they wish to use against Duterte, including written documentation and the number of pages, the original language of the evidence, and the language it will be made available in.
If the pieces of evidence are non-written (photographs, videos, or audio recordings), the prosecution must present the length/duration and original language of such pieces of evidence, as well as transcripts and translations if available.
The chamber also directed the prosecution to submit the number of evidence that can be immediately disclosed without redactions, potential exculpatory evidence, and the number of persons, if any, that they intend to call as witnesses to testify viva voce at the confirmation hearing.
The ICC must be notified if the prosecution will request protective measures for witnesses, victims, or other persons at risk prior to disclosure of the names.
Meanwhile, Duterte’s camp was given until 11 April to submit their counter-evidence. The defense must also inform the court if they will have witnesses to testify at the confirmation hearing.
The Registry, on the other hand, is instructed to file observations in relation to victims’ applications for participation in the present case by 2 April 2025. This includes the admission process for applicants seeking to participate in the proceedings, application forms for participation, applicants’ proof of identity documents, and legal representation in the present proceedings.
“Responses to the Registry’s observations, if any, shall be filed by no later than Friday, 11 April 2025,” the order read.
Atty. Gilbert Andres, ICC-accredited lawyer, had disclosed that witnesses who could possibly be called by the court to testify on the trial of Duterte are now being carefully selected and vetted.
He, however, said that only two to three witnesses may be presented before the ICC. Nonetheless, he mentioned there have been continued discussions between them and the families of the victims and that the timetable is already being laid out.
Duterte is currently detained at the ICC, headquartered in The Hague, Netherlands, for alleged crimes against humanity related to his bloody campaign against illegal drugs.
He was arrested at the Ninoy Aquino International Airport in March upon his return from Hong Kong on 11 March. Three days thereafter, he made his first appearance before the ICC judges. He will remain in custody while awaiting the confirmation of the charges in September.
The government logged more than 7,000 deaths under his brutal drug war, although rights groups estimated that the actual death toll probably exceeded 30,000, affecting predominantly low-income families and communities.
In a congressional hearing last year, Duterte admitted that he takes “full, legal responsibility” for the massive summary killings and that police officers must be spared from liability.
He also told lawmakers under oath that he encouraged police to provoke drug suspects to fight back as a pretext to kill them.
Rise Up for Life and for Rights, a group advocating for justice on behalf of the families of drug war victims, had urged the ICC to deny a potential petition for the interim release of Duterte to ensure that he will not pose a danger or threat to the victims and witnesses of his drug war.
Duterte's lead counsel, Nicholas Kaufman, said that a Filipino lawyer would comprise the five-member defense team, although he did not divulge their names.
