Duterte camp asks ICC anew to deny appointment of victims' lawyers

The defense team of former President Rodrigo Duterte has appealed the International Criminal Court (ICC) Pre-Trial Chamber I's decision rejecting its request to revoke the appointment of common legal representatives for the drug war victims in his crimes against humanity case.

In a seven-page submission dated February 20, Duterte's lawyers argued that the decision affects the fairness and the integrity of the ICC by allowing individuals with potential conflicts of interest to represent victims.

"By permitting the impugned arrangement to persist, the Pre-Trial Chamber has effectively sanctioned a structural imbalance inconsistent with Article 12 of the Code, the supervisory obligations under Article 7(4), and the fundamental requirement that proceedings be – and appear to be – fair," the document read. It was signed by Duterte's legal counsel Nicholas Kaufman.

Duterte's camp earlier claimed that human rights lawyers Joel Butuyan and Gilbert Andres, the designated common legal representatives for victims (CLRV), have a professional relationship with Nicolene Arcaina, as they worked with her at CenterLaw Philippines.

READ — DAY IN COURT: ICC Hearings on the Charges vs. Duterte

Arcaina joined the team of common representatives as a case manager, according to the Duterte camp's submission.

"This error warrants appellate intervention and the immediate disqualification of Ms Arcaina, Mr Butuyan, and Mr Andres as members of the victims' legal team, in order to restore confidence in the integrity and impartiality of the proceedings," the document stated.

The defence also argued that the late appointment of the victims' common legal representatives has limited their ability to appeal effectively.

"The Pre-Trial Chamber's late handling of all issues pertaining to the issue of CLRV appointment has effectively deprived the Defence of exhausting appeal avenues open to it," the document read.

READ — DAY IN COURT: Duterte’s ICC case by the numbers

In a nine-page public redacted version of the decision, the chamber rejected the Defence's request and said their arguments failed to show conflict of interest on the part of Butuyan and Andres.

Duterte is currently detained at the ICC Detention Center in Scheveningen in The Hague on charges of crimes against humanity in relation to the killings during his administration's war on drugs when he was mayor of Davao City and when he was president of the Philippines.  

Duterte's confirmation of charges hearing before the ICC in The Hague, Netherlands will start on Monday, February 23. — VDV, GMA Integrated News