ICC witness call not sign of weak case vs Duterte — lawyer

A lawyer representing drug war victims on Sunday brushed off speculations that the crimes against humanity case against former president Rodrigo Duterte pending before the International Criminal Court (ICC) is “weak,” as allegedly shown by the prosecution’s call for more witnesses.

ICC-accredited lawyer Kristina Conti, counsel for the victims, said the prosecution’s appeal for witnesses is a “natural course of business” for the tribunal and does not necessarily indicate that the evidence against Duterte is insufficient, as the case remains at the pre-trial stage.

She said similar developments were observed in the United States and the United Kingdom, where ICC prosecutors also call for more witnesses to gather additional evidence against an accused.

“This is not an indication that the evidence is weak. The ICC is just being thorough in its investigation. In fact, the investigation and search for the truth are still ongoing until the investigation phase of the ICC is completed,” Conti said in Filipino in a radio interview.

Over the weekend, ICC prosecutors urged direct witnesses of Duterte’s bloody war on drugs, including members of the Philippine National Police and other law enforcement agencies, to coordinate with the prosecution ahead of the confirmation of charges against the former president.

A microsite shared by the ICC on its official Facebook page was launched to allow potential witnesses to submit their testimonies online.

ICC proceedings differ significantly from those in local courts. One unique feature is that the prosecution is required to disclose both incriminatory and exculpatory evidence to the defense, which may help the accused.

At the same time, investigations may continue even while the case is already ongoing.

This allows the prosecution to look for more witnesses and obtain additional evidence, as long as these have not yet been presented in court.

“While they have not yet presented evidence in the case, there is still an opportunity to look for witnesses. So it is somewhat wrong to claim that the investigation is only starting now; they have been investigating for a long time,” she said.

The prosecution, Conti said, has produced more than 5,000 items of evidence against Duterte, copies of which were furnished to the defense.

As of now, the prosecution has about 100 witnesses expected to testify, citing a previous statement by Duterte’s lawyer, Nicholas Kaufman.

Kaufman criticized the ICC for publicizing the prosecution’s appeal for witnesses, asserting that the court must remain a “neutral body” and that such a move constitutes preferential treatment detrimental to the defense.

The British-Israeli lawyer has repeatedly sought Duterte’s interim release pending the confirmation of charges hearing, originally scheduled for 23 September, but later indefinitely moved after the defense claimed the former president was not fit to stand trial due to advanced age and alleged deteriorating health.

Both the ICC Pre-Trial Chamber I and Appeals Chamber unanimously rejected the request, citing continued risks of flight and obstruction of proceedings.

Kaufman argued that these risks under Article 58(1)(b) of the Rome Statute no longer apply due to Duterte’s alleged cognitive decline and unexplained weight loss, warranting temporary release.

The ICC is expected to rule on Duterte’s fitness to stand trial based on findings by court-appointed medical experts.

Until then, Duterte remains detained at Scheveningen Prison in The Hague, Netherlands, where he has been held since his arrest in Manila on 11 March.