ICC rejects Duterte camp's objection on appointment of lawyers for drug war victims 

The International Criminal Court (ICC) has rejected the attempt of former president Rodrigo Duterte’s camp to object to the appointment of lawyers for the victims of the drug war, whom they claim accused them of “judicial trolling.” 

In a 15-page decision dated January 26, the ICC Pre-Trial Chamber I said the majority of victim applicants wish to be represented by ICC-accredited lawyers Joel Butuyan and Gilbert Andres, or the Office of Public Counsel for Victims (OPCV). 

Both Butuyan and Andres are eligible to be appointed as legal representatives of the victims, the pre-trial chamber noted.

However, Duterte’s camp submits “that it will object to the involvement of any common legal representative who has ‘accused Mr Duterte’s ‘camp’ of fuelling online hatred and judicial trolling’ or has ‘persistently criticized defence strategy in media interviews, voiced denigratory slurs concerning Counsel, expressed preconceived views as to Mr Duterte’s guilt or derogatory comments on his character’.” 

For its part, the Pre-Trial Chamber I ruled that a lawyer's public opinions only matter if they interfere with their professional duties or their ability to represent victims. 

“In the present case, the Chamber has identified no ‘inappropriate conduct’, as alleged by the Defence, that would impact the Chamber’s determination on the eligibility of Mr Butuyan and Mr Andres for appointment as legal representatives of the victims,” the decision read. 

“Accordingly, the Chamber instructs the Registry to appoint Mr Butuyan, Mr Andres, and a counsel of the OPCV to be determined by the Registry in consultation with the OPCV, as common legal representatives of any admitted victims in the present case (the ‘Common Legal Representatives of Victims’),” the Chamber further said. 

On the other hand, the pre-trial chamber also rejected the request of the OPCV to re-open the application process for victims’ participation, as it may further delay the proceedings. 

“Moreover, the Chamber considers that, at this stage of the proceedings, the applicants admitted to participate appropriately represent the harms suffered as a consequence of the crimes charged in the DCC and that any additional applications may be considered at a later stage, should the charges be confirmed and the suspect be committed to trial,” the decision read.

“Therefore, the Chamber finds that further delaying the proceedings to consider the participation of additional victim applicants would disproportionately affect the rights of the suspect under article 67 of the Statute and the right of victims to expeditious proceedings.” 

In a separate 25-page ruling released earlier Monday, the ICC Pre-Trial Chamber I declared that Duterte is mentally and physically capable of participating in the pre-trial proceedings in the crimes against humanity linked to his anti-drug campaigns during his tenure as president of the country and Davao City mayor. 

The ICC also denied Duterte’s request for indefinite adjournment. —LDF, GMA Integrated News