The International Criminal Court (ICC) Pre-Trial Chamber I rejected complaints from defense counsel Nicholas Kaufman over redactions in the case against former president Rodrigo Duterte, saying the defense has access to all publicly redacted material.
Presiding Judge Iulia Motoc reminded Kaufman that the chamber had already ruled on redactions and dismissed previous objections.
“I should say that equality of arms is ensured because the defense has access to the redacted information. It just is not available to the public,” Motoc said during the hearing.
Portions of the ICC’s public livestream were cut after Kaufman referenced details that could identify protected witnesses and victims. Motoc cautioned the defense to respect prior chamber rulings, including a determination that Duterte is fit to undergo pre-trial proceedings.
Following the conclusion of the confirmation of charges hearing on 27 February, Kaufman said the judges will decide based on evidence.
“The evidence has been presented by the prosecution and challenged by us, the defense, and we trust the judges to make the right decision,” he said, pushing back against suggestions that the proceedings were theatrical. “This is not a show,” he added.
Under ICC rules, Pre-Trial Chamber I may confirm the charges, decline them without prejudice to future evidence, or adjourn to request additional evidence. If confirmed, a Trial Chamber will be constituted for the next phase.
Kaufman said the defense did not renew its request for Duterte’s interim release because an appeal on the first detention review is pending before a higher chamber. He cited the Rome Statute’s three grounds for continued detention: risk of flight, intimidation of witnesses, or risk of further crimes.
He said the defense spent more than a day and a half challenging the charges, which include allegations that Duterte is responsible for the murder of 78 victims. “We attacked every one of those counts that alleged that Mr. Duterte murdered 78 victims. We deny that completely,” Kaufman said.
Certain parts of the defense presentation were not broadcast on the ICC livestream due to protective measures. Kaufman also explained Duterte’s absence at the hearing was based on long-standing challenges to the court’s jurisdiction, not out of disrespect.
He confirmed that a photograph of Duterte on the ICC website was requested for removal and that a traditional barong was prepared in case Duterte attended, but he declined.