The legal team of former president Rodrigo Duterte has received the first set of evidence, containing some 181 items, that were the basis of the warrant of arrest issued by the International Criminal Court (ICC) in the crimes against humanity of murder chargers against the former chief executive.
Former president Rodrigo Duterte (ICC Photo)
A three-page document entitled “Prosecution’s First Communication of the Disclosure of Evidence”, uploaded on the ICC website, showed that the prosecution, headed by lawyer Karim Khan, submitted to the defense 181 items, organized under Pre-Confirmation INCRIM package 001.
“These items comprise the material cited in the Warrant of Arrest for Mr. Rodrigo Roa Duterte,” the document read.
However, public access to the evidence was prohibited due to the confidentiality of the items.
“The Annex to this filing, is classified as ‘Confidential’, as it refers to confidential evidence disclosed inter partes,” the document said.
Last week, the ICC Pre-Trial Chamber I released the timeline to begin the disclosure process for the case.
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.
The defense, on the other hand, was given 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 former president was arrested on March 11 and subsequently sent to The Hague to remain in detention there while awaiting his trial.
The ICC said that based on the evidence submitted by the Prosecution, there are “reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019."
While the Philippines formally withdrew from the Rome Statute in March 2019, the ICC maintains jurisdiction on crimes committed until then.
Duterte is facing crimes against humanity of murder charges for the killing of thousands of mostly impoverished Filipinos in his administration’s so-called drug war.
His next hearing—confirmation of charges—is set on Sept. 23.