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Floods of cases may be presented vs Duterte – ICC lawyer
By Nidz Godino
“This doesn’t mean that these are only incidents that may be included in the charge,” International Criminal Court (ICC) spokesman Fadi El Abdallah said ICC prosecutor may present additional evidence against former president Rodrigo Duterte as initial pieces of evidence on 43 killings were only for application of his arrest warrant.
“These were sample of incidents related, that were for purpose of issuing arrest warrant sufficient from point of view of judges, to sustain charge of murder as crime against humanity, for purpose of arrest warrant, first step in judicial process,” he added.
In original application for Duterte’s warrant of arrest, ICC prosecutor cited 45 acts of murder, four acts of torture and three acts of rape as bases for crimes against humanity charges that they are pursuing against former president.
It said cases were “representative sample of multiple acts of violence” form part of “widespread and systematic” attacks against civilian population.
When it issued arrest warrant against Duterte, judges of ICC Pre-Trial Chamber I agreed that there was “reasonable grounds to believe that … murders of persons allegedly involved in various forms of criminal activities, including drug-related ones, were committed” in the Philippines.
They specifically cited “at least” 43 killings, including 19 allegedly committed by so-called Davao Death Squad and 24 during drug war.
According to El Abdallah, prosecutor may submit additional evidence during confirmation of charges hearing, ICC Pre-Trial Chamber I has scheduled on Sept. 23.
“Confirmation of charges hearing is not trial… pre-trial phase, judges will decide whether or not there will be trial or if case will stop at this pre-trial stage, purpose of confirmation of charges is to test whether prosecutor’s evidence are sufficient to go to trial or if case should stop earlier…for that, prosecutor will have to demonstrate to judges, taking certain sample of evidence, that these evidence are strong enough,” added ICC spokesman.
While confirmation of charges hearing is only expected to last few days, El Abdallah said it was scheduled several months after Duterte’s initial appearance hearing to allow defense to review evidence against their client.
“Before confirmation of charges hearing, prosecutor will have to disclose, to transmit to the defense evidence he intends to rely during confirmation of charges hearing so that defense would have time to study it, to examine it,” he said, referring to “disclosure of evidence” process.
“Prosecutor may or may not call witness…same for defense…but if witnesses are called, other party will be able to cross examine them,” he added.
ICC prosecutor earlier confirmed disclosure of initial “181 items” cited in warrant application against Duterte.
El Abdallah said “it is part of defendant’s right to be provided with evidence prosecutor intends to rely during confirmation of charges hearing.”
“Upholding defense rights is key to ensure fairness of proceedings,” he added.
Meanwhile, not all of families of drug war victims are required to personally testify before ICC during confirmation of charges hearing, one of the five Filipino ICC-accredited lawyers said.
According to Center for International Law executive director and counsel for drug war victims Gilbert Andres, complainants need only to fill up form for victim participation.
“Not all victims can actually be presented before pre-trial chamber, so prosecutor will just choose whoever will be witness for that case,” Andres said.
Andres noted that witnesses to be presented before ICC will be chosen through Victims Participation and Reparations Section (VPRS).
“They will actually vet who will officially be admitted as victims who will participate and then they give their recommendation to pre-trial chamber, registry, through VPRS, will actually classify it to A,B,C… A will be victims who are really within scope of pre-trial chamber’s case, that is from Nov. 1, 2011 until March 16, 2019 and then B, those outside of scope and C those need to be determined,” Andres added.
Despite difference in spelling of their surnames, American author Nicholas Kaufmann did not escape attention of Filipinos mistook him for British-Israeli lawyer Nicholas Kaufman, who represents Duterte at ICC.
As early as March 20, days after Kaufman was formally recognized as Duterte’s lawyer, American author already posted on his Facebook page about the matter.
“People of the Philippines, I am *not* the ICC lawyer Nicholas Kaufman who is representing former president Duterte! Please stop messaging me!” he wrote.
Kaufmann wrote follow-up post, saying he is flooded “with followers and commenters from Philippines I guess don’t believe I’m not Duterte’s lawyer.”
“Our names aren’t even spelled the same ..he’s Kaufman with one N.. insane!” he added.
In response to question about nature of messages, Kaufmann said: “they started out pro-Duterte, but lately I’m getting some anti-Duterte commenters from Philippines apologizing for others and calling many of them bots.”
Author’s original post already received over 9,000 mostly “laugh” reactions, with over thousand shares and comments.
Many of recent comments came from Filipinos who were apologetic about mistake.
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