ICC prosecutor must also give evidence that may help in Duterte's defense —lawyer

As the International Criminal Court (ICC) begins proceedings ahead of former President Rodrigo Duterte’s trial, a lawyer said Sunday that the ICC prosecutor is also required to give the former Philippine leader pieces of evidence, if any, that may aid in his defense.

Atty. Joel Ruiz Butuyan, an ICC-accredited lawyer and chairperson of the Center for International Law (CenterLaw), explained that pending the confirmation of charges hearing in September, the prosecutor will already disclose and provide Duterte’s camp the evidence that will be used against him so that they can prepare.

“Talagang malaking pribilehiyo ‘yun sa kanya kasi sa atin dito sa Pilipinas, walang gano'n. In fact, sa ICC, ‘yung prosecutor, may obligasyon pa na ibigay kay former President Duterte ang ebidensiyang nakalap nila na pabor sa kanya, na nakatutulong sa kanyang depensa. ‘Yun ‘yung isang pagkakaiba sa atin dito sa Pilipinas,” Butuyan said in an interview on Super Radyo dzBB.

(That is a big privilege for Duterte because there’s no such thing like that here in the Philippines. In fact, at the ICC, the prosecutor also has the obligation to give him the evidence they gathered that is in favor of him or that can help in his defense. That's one of the differences between the ICC and the Philippines.)

The lawyer stressed that this only shows that Duterte’s ICC trial will be “fair” as he will be even accorded such a privilege.

“Kaya napaka-fair ho ‘yung mangyayaring trial dahil sa prosecution level pa lang, merong nang obligasyon na kung meron kang natisod diyan na ebidensiya na pabor sa akusado, ibigay mo sa kanya,” he added.

(This proves that the trial that will happen will be very fair because even at the prosecution level, the prosecutor has an obligation to give to the accused the evidence you found that is in favor of him/her.)

Duterte made his first appearance before the ICC on Friday, via video link from a detention center.

During the hearing, the Pre-Trial Chamber I confirmed his identity and made sure he was fully informed in a language he speaks and understands about the crimes he is accused of committing and his rights under the ICC's Rome Statute.

The chamber then scheduled the next hearing on the confirmation of the charges for September 23, 2025.

Throughout the time leading up to the next hearing, Butuyan said that Duterte will be allowed to question many issues before the ICC.

“Una, 'yung pag-issue ng warrant of arrest sa kanya. Pangalawa, 'yung implementation ng warrant of arrest sa kanya,” he said.

(First, he could question the issuance of an arrest warrant against him. Second, the implementation of the arrest warrant against him.)

“Pangatlo, 'yung jurisdiction ng ICC, puwede niyang sabihin na wala nang jurisdiction ang ICC dahil hindi na member ang Pilipinas. Pang-apat, 'yung tinatawag na interim release, puwede niyang sabihin na dapat pakawalan muna ako habang ongoing ang trial,” he added.

(Third, the jurisdiction of the ICC—he can argue that the ICC has no jurisdiction because the Philippines is no longer a member of ICC. Fourth, the interim release—-he can say that he should be released while the trial is ongoing.)

Former presidential spokesperson Harry Roque said that they would push for the dismissal of the crimes against humanity charges against Duterte prior to the ICC’s next hearing in September.

Duterte’s camp said they intend to highlight the impact of Duterte’s alleged kidnapping, as well as jurisdictional issues arising from the Philippines’ withdrawal from the ICC.

Earlier, the ICC Office of the Prosecutor welcomed the arrest and transfer of Duterte, saying that it is an “important development” in the pursuit of accountability for alleged crimes against humanity during his administration’s bloody drug war.

Malacañang had also described the ICC’s handling of the pre-trial of Duterte as "fair," with his rights duly respected amid alleged crimes against humanity over his administration's drug war.

Duterte was arrested Tuesday upon his arrival in the Philippines from Hong Kong. He was put on a plane Tuesday night to go to The Hague where the ICC is based.

The ICC has been investigating Duterte and other top officials of his administration for crimes against humanity over the alleged systematic drug war deaths in police operations.

These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings. —KG, GMA Integrated News