Duterte camp believes ICC pre-trial judges will make 'right decision'

THE HAGUE, Netherlands — Defense counsel Nicholas Kaufman said it is up to the judges of the International Criminal Court to rule on the case against former President Rodrigo Duterte, stressing that the proceedings were not a “show” but a legal process grounded in evidence.

“The judges will take their decision based on the evidence,” Kaufman said after the conclusion of the confirmation of charges hearing on Friday. “The evidence has been presented by the prosecution and challenged by us, the defense, and we trust the judges to make the right decision.”

The judges of the Pre-Trial Chamber I are expected to issue a ruling within 60 days.

According to the ICC, the Pre-Trial Chamber may decide to do the following:

• Decline to confirm the charges; such a decision does not prevent the Prosecution from presenting a subsequent request for confirmation of the charges on the basis of additional evidence
• Adjourn the hearing and request the Prosecution to consider providing further evidence or conducting further investigation, or amending the charges
• Confirm the charges and commit the case for trial; upon confirmation, the Presidency of the Court constitutes a Trial Chamber responsible for the subsequent phase of the proceedings: the trial

No renewed push for interim release

Asked why the defense did not again seek Duterte’s interim release, Kaufman said an appeal on the first review of detention is still pending before a higher chamber.

“It's purely legal. It's not that I agree that my client should continue to be in detention. It's merely recognizing the futility of making an additional request for interim release at this point in time.”

He reiterated that the Rome Statute sets three grounds for continued detention: risk of flight, intimidation of witnesses, or risk of further crimes.

“We’ve argued throughout that because of his age and condition, he does not engage any of those risk factors,” Kaufman said, adding that prosecutors disagree and claim Duterte may not submit to trial if released.

Denied murder allegations

Responding to criticism that his closing arguments appealed to emotion, Kaufman said he was representing a client who has been detained for almost a year and largely unseen by the public.

“I litigated for the best part of a day and a half on the substance,” he said. “We attacked every one of those counts that alleged that Mr. Duterte murdered 78 victims. We deny that completely.”

He added that the prosecutors' attempt to strike parts of his statements from the record failed.

“That just signifies the extent to which they are irritated by the arguments that I made,” Kaufman said.

Kaufman explained that portions of the defense’s presentation were not aired during the ICC’s public livestream due to court-imposed protective measures.

“Judge Motoc made it clear that there are certain aspects of the court transcript that cannot be broadcast to the public,” he said.

On Duterte’s absence, barong, ICC photo

Kaufman also said it was necessary to explain to the court why Duterte chose not to personally appear, saying this was based on a long-standing challenge to the ICC’s jurisdiction and “not out of disrespect.”

He also confirmed it was his decision to ask that a photograph of Duterte in a blue suit be removed from the ICC website.

“I think that that's [photo of Duterte] humiliating, frankly, having that photograph there. It was taken in a situation where he had really been released from the hospital a few days before, and he was tired. He was jet-lagged. He was suffering from the medication of the hospital, and then he was just told that he's being put in front of a television camera and taking part in an audience hearing.”

He revealed that a barong had been prepared for Duterte in case he appeared for the confirmation of charges hearing, but the former president ultimately declined. —VBL, GMA Integrated News