The International Criminal Court (ICC) has instructed both the prosecution and the defense team of former President Rodrigo Duterte to submit their evidence within the next month, way ahead of the scheduled confirmation of charges hearing on 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 they would present 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 evidence are non-written (photographs, videos, audio recordings), the prosecution must present the length/duration and original language of the 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, and other persons at risk prior to the disclosure of their names.
Meanwhile, Duterte’s camp 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.
The Registry, on the other hand, is instructed to file observations about victims’ applications for participation in the present case by 2 April. 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 no later than Friday, 11 April 2025,” the order read.
Attorney Gilbert Andres, an ICC-accredited lawyer, disclosed that witnesses who would possibly be called by the court to testify in the trial of Duterte are now being carefully selected and vetted.
He said, however, that only two to three witnesses may be presented before the ICC. Nonetheless, he said there have been continuing discussions with the families of the victims and the timetable is being laid out.
Duterte is detained at the ICC, headquartered in The Hague, the Netherlands, for alleged crimes against humanity charges in connection with bloody war on drugs during his administration.
He was arrested at the Ninoy Aquino International Airport on his return from Hong Kong on 11 March.
Three days after, he made his first appearance before the ICC judges. He will remain in custody while awaiting the confirmation of the charges on 23 September.
The official Philippine police tally of the number of deaths from the war on drugs was 6,000, while human rights groups said the actual death toll exceeded 30,000 mostly poor victims.
In a congressional hearing last year, Duterte said he alone took “full, legal responsibility” for the killings and not the police.