Duterte camp proposes strict rules on identifying victim applicants

The defense team for former President Rodrigo Duterte has urged the International Criminal Court (ICC) to adopt strict standards for verifying the identities of victim applicants in relation to the crimes against humanity case.

Duterte’s lead counsel Nicholas Kaufman told the Pre-Trial Chamber I on April 7 that the defense team called for limitations to the types of identification documents accepted.

The observations come in response to the ICC Registry’s submissions concerning victim participation in the case.

Citing potential risks of fraud and procedural delays, the defense team argued that the court should require a “national identity card and/or a passport containing an up-to-date photograph. In the absence thereof, the defense submits that the Pre-Trial Chamber should require those identification documents accepted in the staggered fashion mandated by the social security system of the Republic of the Philippines.''

“Limiting the range of identity documents enhances the reliability of the identity verification process and significantly reduces the risk of fraud,” the document stated.

The defense warned that allowing the use of “varied and insufficiently verified identity documents could lead to misidentification, double-counting, and the inclusion of false victims—issues that could trigger unnecessary and time-consuming litigation.”

''By adopting a more stringent approach from the outset, the Pre-Trial Chamber can avoid such pitfalls and streamline proceedings,'' it said.

Duterte's camp also criticized the Registry for expanding the accepted list of documents beyond what is recognized by Philippine authorities, arguing that the Registry’s explanation, citing “a backlog in the distribution of national identity (ID) cards,” was vague and insufficient.

The defense also questioned Registry’s suggestion that a declaration signed by two witnesses should be enough to establish a victim’s identity.

Citing the ICC’s previous decisions in the Kony and Ongwen cases, Duterte’s defense team suggested that the Chamber should decide on a “rolling and ad hoc basis whether a signed and witnessed declaration is sufficient to act as proof of an applicant’s identity.”

On the issue of legal representation, the defense insisted that the victims’ right to participate should not infringe on Duterte’s right to a fair and speedy trial.

The Registry had proposed that lawyers appointed by victim applicants participate on behalf of their clients while the Office of Public Counsel for Victims (OPCV) represents the general interests of unrepresented applicants.

The defense rejected this arrangement and warned that it would lead to “twice the number of submissions before this Chamber.”

''It will be unwieldy, unnecessarily encumber the defense, and slow down the proceedings,'' it said.

''Accordingly, the defense submits that all victim applicants should, presently, be represented only by the OPCV.''

The confirmation of charges hearings have been set for September 23-26.

According to Duterte’s case information sheet, the “purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes he or she is suspected of.”

The judges will then have up to 60 days before announcing their decision on whether Duterte’s case will proceed to trial, ICC spokesperson Dr. Fadi El Abdallah told GMA Integrated News reporter Mariz Umali.

“If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial,” the information sheet stated.

After his arrest on March 11, Duterte was flown to The Hague and detained at the Hague Penitentiary Institution or the Scheveningen Prison on March 13 (PH time).

He faced the ICC via video link the following day, where the court read to him the charges against him related to the killings under his administration's war on drugs. —VBL, GMA Integrated News