Prosecution, defense in Duterte’s ICC case to begin evidence disclosure in April


The International Criminal Court (ICC), which will hold trial for former president Rodrigo Duterte for crimes against humanity of murder, asked the prosecution and defense to submit information relating to the disclosure process by next month.

 

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Former president Rodrigo Duterte at his initial appearance hearing via video link on Friday, March 14, 2025, at the International Criminal Court in The Hague, Netherlands. Also in the photo is his legal counsel, former executive secretary Salvador Medialdea. (ICC Photo)

 

The ICC Pre-Trial Chamber I released the timeline to begin the disclosure process for the case on its website on March 21.
 

The prosecution was required to submit “detailed observations” on questions relating to documentary evidence, exculpatory evidence, and witnesses by no later than April 4 so as to prepare for the confirmation of charges set on Sept. 23.
 

This, the Chamber said, is being asked “with a view to ensuring that the disclosure process begins as soon as possible, and particularly in light of the suspect’s right to be ‘informed of the evidence on which the Prosecution intends to rely’ at the confirmation hearing ‘[w]ithin a reasonable time’ before its commencement.”
 

Among the information being asked from the prosecution is the number of written evidence the prosecution will rely upon at the confirmation hearing, if it intends to use non-written pieces of documentary evidence, and if it will call upon witnesses to testify.
 

It asked if the prosecution will “request protective measures for potential witnesses, victims or other persons at risk prior to disclosure of the names of these relevant persons and/or of certain documents.”
 

The prosecution must also inform the Chamber the earliest date it will be able to complete the disclosure to give the defense “sufficient time to prepare.”
 

On the other hand, the Chamber also gave the defense until April 11 as “a matter of fairness of the proceedings” to provide  “(i) observations on the information to be submitted by the Prosecution in accordance with this decision,” as well as information on questions relating to the former president’s planned use of evidence and witnesses.
 

The Chamber asked the defense to give information if Duterte plans to raise the existence of an alibi, if the defense needs to conduct an investigation before the confirmation hearing, the type and amount of evidence it plans to present during the hearing, and if the defense will call on witnesses to testify.
 

The ICC Registry was also instructed to “file observations” relating to the victims’ participation in the case by April 2.
 

The information must include, among others, admission process for applicants, application forms for participation, proof of identity documents, and legal representation in the proceedings.
 

The former president will face trial before the ICC on charges of crimes against humanity of murder for his administration’s bloody war on drugs, which government data showed killed over 6,000 Filipinos.
 

But human rights groups refute this number, insisting that including extrajudicial and vigilante-style deaths, the number of mostly poor Filipinos killed can reach up to 30,000.
 

Duterte was arrested last March 11 at the Ninoy Aquino International Airport (NAIA) Terminal 3 before subsequently being sent to The Hague, Netherlands, where he is currently detained while awaiting trial.