With the confirmation of charges hearing for former president Rodrigo Duterte set two weeks from now, his defense team said that it is ready to present its counter-evidence before the International Criminal Court’s (ICC) Pre-Trial Chamber I.
Former president Rodrigo Duterte and his lead counsel Nicholas Kaufman (Screengrab from ICC, ABS-CBN News videos)
In a document dated Sept. 2, lead counsel Nicholas Kaufman said that the defense has been directed by the PTC I to submit a list of evidence that it intends to rely on for the confirmation of charges hearing no later than Sept. 5.
This is pursuant to the Chamber’s “Order on the Conduct of the Confirmation Proceedings1 and Rule 121(6) of the Rules of Procedure and Evidence.”
“A list of evidence has indeed been prepared by the Defence. The items of evidence on this list support arguments challenging various legal aspects of the Document Containing the Charges,” the heavily redacted document read.
Kaufman, however, also reiterated the defense position that pending petitions must first be resolved before the confirmation of charges.
Though he did not cite which petitions, the defense has two requests—the interim release application and the jurisdiction challenge—that have yet to be resolved by the PTC I.
Meanwhile, the ICC prosecutor and Duterte’s defense team also agreed on basic facts pertaining to the former president’s identity and other personal information.
In a filing dated Sept. 1, the prosecution and defense confirmed their agreement on four basic facts: that the former president was born on March 28, 1945 in Maasin, Southern Leyte; that he is a Filipino citizen; that PRRD is a name used to refer to his initials as “President Rodrigo Roa Duterte’; and that a barangay “is the smallest political and administrative unit in the Philippines.”
“The Parties respectfully request that the Chamber consider the four agreed facts listed in paragraph 3 as proven pursuant to rule 69 of the Rules,” the document, signed by Kaufman and ICC Deputy Prosecutor Mame Mandiaye Niang, read.
The submission from both camps was a response to the PTC I’s April 17 dated order to agree on alleged facts pursuant to rule 69 of the Rules of Procedure and Evidence.
Duterte, who has been detained in The Hague, Netherlands since March, will face the confirmation of charges hearing—a critical pre-trial phase that will decide if his crimes against humanity of charges will proceed to actual trial or not.
The former chief executive was arrested on the basis of an ICC warrant of arrest for the alleged state-sponsored killings of thousands of mostly impoverished Filipinos in the name of his administration’s war on drugs campaign.