Prosecutors ask about roles of Duterte’s Filipino lawyers in ICC

Prosecutors have asked the International Criminal Court (ICC) to compel former President Rodrigo Duterte’s legal team to confirm that the six Filipino lawyers who flew to The Hague for Duterte’s confirmation of charges hearing are not official members of his defense team before the ICC.

It could be recalled that the Duterte camp sent lawyers Salvador Medialdea, Martin Delgra III, Silvestre Bello III, Alfredo Lim Jr. Caesar Dulay, and Salvador Panelo to attend the hearings “to ensure that he is properly represented by a Filipino legal team.” 

In a six-page filing dated March 6, the prosecution noted that the statements of Duterte’s defense lawyers and one of the Filipino lawyers “have created the impression that the six lawyers are members of Mr. Duterte’s defence team” before the ICC.

“Defence Counsel stated that his team was ‘ably assisted and supported by’ the six lawyers who attended the hearing in the public gallery. In a media interview, Defence Counsel stated that two of these lawyers (Mr. Delgra and Mr. Medialdea) have been ‘working with [us] all along’, and when asked by a journalist if these six lawyers will ‘just be just watching from the gallery’, Defence Counsel stated: ‘well yes, unfortunately they’ve arrived at the last minute, so it won’t be possible to get them passes so they can actually sit inside the court,” the prosecution said.

They added: “One of the six lawyers, Mr. Panelo, reportedly stated that Defence Counsel was set to have a meeting with his Filipino legal team to discuss the confirmation hearing and potential strategies.”

The prosecution asked the ICC Pre-Trial Chamber I to order Duterte’s defense lawyers to confirm in a filing that the six Filipino lawyers “are not members of Mr. Duterte’s defence team in his case” before the ICC.

Prosecutors also want the defense to put on record that the lawyers:

• “Have not, and will not, receive any disclosure in this case”;
• “Have not, and will not, have access to any non-public filings in this case”;
• “Have not, and will not, receive any other non-public information in relation to this case;” and
• “Are not entitled to legally privileged meetings, or other communications, with Mr. Duterte in the Detention Centre.” 

The prosecution cited Article 68 of the Rome Statute and said it has a duty to “take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses.” 

“This includes knowing which individuals work for Mr. Duterte’s defence team, as these individuals have access to highly sensitive confidential information, including regarding Prosecution witnesses and victims,” it said.

Prosecutors said they emailed Duterte’s defense lawyers on February 25 to clarify the role of the six lawyers, but the defense team refused to do so.

“The Prosecution therefore requests that the Chamber order the Defence to clarify on the record the involvement of the six lawyers in Mr. Duterte’s case before this Court,” they said in their pleading.

The ICC Pre-Trial Chamber I held the confirmation of charges hearings on Duterte’s alleged crimes against humanity from February 23 to 27, and a hearing to review his detention.

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

The ICC will then decide whether to confirm the charges against Duterte and proceed with a full trial.

In a 29-page ruling dated March 6, the ICC’s Appeals Chamber affirmed the Pre-Trial Chamber I’s decision to detain the 80-year-old former President on allegations of crimes against humanity.

The five-person Appeals Chamber denied the defense’s request to reverse the Pre-Trial Chamber I’s January 26 decision and said the defense failed to establish any errors or reason that would warrant a reversal of the earlier ruling. — JMA, GMA Integrated News