Duterte’s defense team receives evidence in ICC case

The legal defense team of former president Rodrigo Duterte has received the set of evidence against him in connection with his case in the International Criminal Court (ICC), involving crimes against humanity in his bloody war on drugs.

The three-page document showed that the prosecution furnished the ICC and Duterte’s legal team with pieces of evidence totaling 181 items that would be used during the trial of the former president as early as 21 March.

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.

Both the prosecution and the defense team of Duterte 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 for non-written materials. 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 must be notified ahead of time if the prosecution will request protective measures for witnesses, victims, and other persons at risk prior to the disclosure of their names.

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 to testify at the confirmation hearing.

Duterte is facing charges of crimes against humanity before the ICC and was arrested in Manila on 11 March upon his return from Hong Kong.

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

Duterte’s camp has yet to announce plans on whether they will file an application with the ICC for Duterte’s temporary release.

However, the lawyers of the drug war victims previously said that they would petition the ICC to prohibit Duterte from returning to the Philippines to ensure that he will not pose a danger or 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 that the actual death toll probably exceeded 30,000, affecting predominantly low-income families and communities.

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 he does not obstruct or endanger the investigation or the court proceedings, among others.

However, speculation suggested that a potential plea for an interim release of Duterte might 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 highly unlikely, considering that he did not voluntarily surrender to the court.

“All those involuntarily brought against their will to the ICC were never given any 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 there were conditions restricting his liberty.

The prosecution did not oppose his application. In approving his pleading, the ICC took into consideration Gicheru's voluntary surrender, demonstrating his concrete willingness to subject himself to the jurisdiction of the international tribunal in relation to the allegations against him.

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.