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‘We perceive [this] to imply they’d not be absolutely prepared for the scheduled affirmation of expenses listening to…Clearly, the delay will not be on our finish,’ says victims’ counsel Kristina Conti
MANILA, Philippines – Victims of the drug battle and the prosecution on the Worldwide Prison Courtroom (ICC) hit “delays” within the proceedings, which have been the results of strikes by the protection crew of former Philippine president Rodrigo Duterte.
Nicholas Kaufman, Duterte’s lead counsel, advised the ICC on July 17 that they’ve acquired “additional info” on a “much-awaited” element regarding the case. Whereas a lot of the data was redacted, there may be some clue that this pertains to “findings” made by a “skilled.” That day, Kaufman raised the potential of placing a halt to the affirmation of expenses listening to on September 23.
“The Protection formally notifies the Pre-Trial Chamber that it’ll elevate the difficulty of [redacted] as a bar to the holding of a listening to on the affirmation of expenses,” Kaufman mentioned in his submitting.
On the identical day, Kaufman requested the ICC to defer ruling on Duterte’s request to be granted an interim launch, saying they’ve but to acquire an “important factor” to spice up their case. The prosecution opposed this request, however the pre-trial chamber agreed to defer till the protection completes their info, or till the judges deem it acceptable to resolve.
Joel Butuyan, an ICC-accredited counsel who represents some victims, mentioned he was “shocked” that the pre-trial chamber granted the request.
“It’s actually simply the mere point out of the chance that the courtroom will rule to provide an interim launch is de facto re-traumatizing lots of the victims. Lots of the victims that we’re encountering are actually expressing fears that their safety can be compromised and so they would possibly inhibit themselves from collaborating within the ICC proceedings if Mr. Duterte is launched, even within the interim,” Butuyan mentioned over a discussion board by Redress on Tuesday, July 29.
On September 23, the pre-trial chamber will resolve if they may affirm the crimes towards humanity homicide expenses towards Duterte, utilizing the upper commonplace of “substantial grounds” in comparison with the “affordable grounds” threshold when the ICC ordered his arrest in March.
Delays are ‘inefficient, prejudicial’
Kaufman earlier requested to junk the case altogether even earlier than September 23, primarily based on problems with jurisdiction. However now he has additionally requested to defer ruling on their jurisdictional problem. Kaufman mentioned there’s a “tardy provide of knowledge,” he mentioned in his submitting.
“They are saying they’re ready for some info, which we perceive to imply they’d not be absolutely prepared for the scheduled affirmation of expenses listening to on September 23, 2025. Clearly, the delay will not be on our finish,” Kristina Conti, an ICC-accredited assistant counsel for victims, mentioned on Wednesday, July 30.
The prosecution advised the ICC chamber to additionally reject this new request saying, “it might be inefficient for the Chamber to delay its ruling on jurisdiction to an unknown level sooner or later primarily based solely on hypothesis that the Chamber might settle for the Protection argument,” it mentioned in its submitting.
The Workplace of the Public Counsel for Victims (OPCV) mentioned to droop the ruling on jurisdiction would “set a harmful precedent.”
“Justice calls for that such rulings should not topic to undue delay…Victims have a proper to authorized certainty with respect to the Courtroom’s jurisdiction over mentioned crimes,” mentioned the OPCV.
Conti mentioned they continue to be assured that the costs might be confirmed on September 23, and trial will proceed. This was additionally the forecast of Professor Leila Sadat, who’s a former crimes towards humanity adviser for the ICC prosecutor.
“Victims of Duterte are assured that the case will proceed to trial. It’s a matter of when, not if,” mentioned Conti.
No witnesses in September
Kaufman mentioned he wouldn’t be presenting witnesses of their very own, nor an alibi for Duterte on September 23.
“This can be a principled determination as a result of credibility is given little weight at affirmation. Moreover, the Protection doesn’t want to give advance discover of the numerous potential Protection witnesses who would counter the proof supplied by the Prosecution’s discrete and punctiliously chosen band of witnesses – to be counted on the fingers of 1 hand.. who.. instantly incriminate Mr Duterte,” Kaufman mentioned in his newest submitting.
Kaufman mentioned they will even not be elevating any floor for exclusion of prison accountability, which for Conti means, they don’t intend to invoke psychological incapacity, self-defense or duress, as a protection.
– Rappler.com
