The legal defense team of former President Rodrigo Duterte has received the evidence against him in connection with the crimes against humanity charges he is facing before the International Criminal Court (ICC).

A three-page document indicated that, as of 21 March, the prosecution had submitted 181 pieces of evidence to both the ICC and to Duterte’s legal team, evidence that will be presented at the former president’s trial.

The documents are classified as confidential.

“These items comprise the material cited in the warrant of arrest for Mr. Rodrigo Roa Duterte, with the exception of those items notified to the chamber and the defense in the prosecution’s related application under Regulation 35 of the Regulations of the Court, for which the disclosure deadline has been extended by the Chamber,” the document read.

The prosecution and Duterte’s defense team have been given less than a month to submit their respective evidence ahead of the scheduled confirmation of charges hearing on 23 September.

The prosecution still has until 4 April to disclose their remaining evidence, including written documentation and photographs, videos, and audio recordings. They must also submit potential exculpatory evidence and the number of persons, if any, that the prosecution intends to call as witnesses to testify viva voce at the confirmation hearing.

The ICC-Pre Trial Chamber I has to be notified ahead of time if the prosecution will request for protective measures for witnesses, victims, and other persons at risk prior to the disclosure of their names.

Duterte camp’s evidence

Duterte’s camp, meanwhile, was given until 11 April to submit its counter-evidence. The defense must inform the court if it will have witnesses testify at the confirmation hearing.

Duterte is facing charges of crimes against humanity before the ICC. He was arrested in Manila on 11 March.

He is currently in the ICC’s custody at its headquarters in The Hague, Netherlands, awaiting the confirmation of charges, which is scheduled in six months. The former president will celebrate his 80th birthday on Friday, 28 March.

Duterte’s camp has not yet announced if they will file an application for his temporary release from the ICC.

However, the lawyers of the drug war victims had said they would petition the ICC to prohibit Duterte from returning to the Philippines to ensure that he will not pose a threat to the victims and witnesses of his notorious drug war.

The government logged more than 7,000 deaths related to Duterte’s drug war, although human rights organizations estimated the actual death toll exceeded 30,000, affecting predominantly low-income families and communities.

Interim release not likely

Under Article 60 of the Rome Statute, the treaty that established the ICC, a person subject to an arrest warrant may apply for interim release pending trial subject to the conditions set forth by the international tribunal.

This includes the assurance of his appearance at trial and if does not obstruct or endanger the investigation or the court proceedings, among other things.

However, speculations are a plea for interim release for Duterte would be denied by the ICC since he is deemed a “flight risk.”

According to former Supreme Court Associate Justice Antonio Carpio, Duterte’s provisional release is unlikely, considering he did not voluntarily surrender to the court.

“All those involuntarily brought against their will to the ICC were never given interim relief. They were not allowed bail. So I think that will apply to former president Duterte,” Carpio said in an interview on Tuesday.

The late Kenyan lawyer Paul Gicheru, who was also charged before the ICC, was granted temporary release in January 2021, although his liberty was restricted by certain conditions.

The prosecution did not oppose his application. In approving his plea, the ICC considered Gicheru’s voluntary surrender, which demonstrated his clear willingness to submit to the tribunal’s jurisdiction.

The Kenyan lawyer was accused of tampering with witnesses in favor of President William Ruto over post-election violence in Kenya in 2007 and 2008. On 14 October 2022, the ICC terminated the case against him following his death two weeks earlier.