Former president Rodrigo Duterte’s defense team for his crimes against humanity trial at the International Criminal Court (ICC) has been taking shape and will soon be completed this week, British-Israeli lawyer Nicholas Kaufman said.
Former president Rodrigo Duterte and his British-Israeli lead counsel Nicholas Kaufman (Screengrab from ICC, ABS-CBN News video)
Kaufman, the former president’s lead counsel and currently the only name in his defense team, told this to reporters in The Hague.
“I expect it in the end of the week we have some names,” he said when asked about the composition of the team.
Vice President Sara Duterte, in a separate interview on Friday, March 21 (Netherlands time), confirmed that she was done interviewing Kaufman’s assistant counsel, but that the interview for more lawyers are “ongoing”.
She, however, refused to name the new counsel to protect his privacy and so he wouldn’t be bombarded with questions.
ICC experience
The Vice President only said that the lawyer has 19 years of experience solely in the ICC.
“So medyo alam na niya yung mga ins and outs of the court. And binubuo niya ngayon ‘yung mga personnel sa ilalim niya (So, he knows the ins and outs of the court. He’s just forming the personnel under him),” she added.
While she earlier said that her father’s defense team will be composed of foreign lawyers, Duterte backtracked and disclosed that there will be a Filipino lawyer in the team.
“Yes, kailangan ng Filipino lawyer kasi mayroong mga ia-argue doon na batas ng Pilipinas. Mayroon talagang Filipino lawyer (Yes, we need a Filipino lawyer because there are arguments there about Philippine laws. There will be a Filipino lawyer),” she confirmed, adding that the Filipino lawyers will possibly not be an ICC-accredited counsel anymore.
Earlier, the Vice President said that former executive secretary Salvador Medialdea will withdraw from the list of counsel and former Palace spokesman Harry Roque will not be a part of the defense team despite being an ICC-accredited lawyer himself.
Kaufman, who has vast ICC experience, shared that “everything I do is subject to approval” by the Vice President.
“She has a very important role in this case. She herself a lawyer, she could understand the state of the game here in The Hague. I’m consulting her in everything I do,” he stated.
‘Illegally detained’
The lawyer also opined that the former president is being “illegally detained” in the ICC.
“Why not? That is his country…So, as far as I’m concerned, he is being illegally detained here and should go back to the Philippines as soon as possible,” he said.
The former president is currently detained in The Hague while awaiting trial for charges of crimes against humanity of murder in connection with his administration’s bloody war on drugs campaign that killed thousands of mostly-impoverished Filipinos.
The Duterte camp is expected to raise the issues of the ICC jurisdiction, as well as the manner in which the former president was arrested, before the September 23 confirmation of charges hearing by the ICC’s Pre-Trial Chamber.
Interim release
He also hinted plans to apply for an interim release or temporary liberty for the former chief executive, who will be turning 80 years old next week, while he awaits trial.
Kaufman, however, did not say when the petition will be filed although he confirmed that it was “par for the course” in the ICC during the pretrial phase.
“In nearly every case, an application for interim release is submitted. I’ll file it when I feel it is appropriate,” he said.
The ICC judges will decide on the application based on the suspect’s flight risk, risk of obstructing or endangering the investigation, and risk of recommitting the crimes he is accused of.
The ICC has not yet granted an interim release to suspects charged with crimes against humanity.
‘General observation’
Kaufman noted that many Duterte supporters may “gladly give out of their own pockets” in order to “ensure that the former president will return to the Philippines as soon as possible.”
Asked if people have reached out to him about helping to fund Duterte’s defense, the lawyer replied that, “I was making a general observation.”