Pinoy among Duterte’s legal defense team

MANILA, Philippines — A Filipino lawyer will be among the five-member core defense team of detained former president Rodrigo Duterte, with his lead counsel Nicholas Kaufman currently interviewing candidates, Duterte’s daughter, Vice President Sara Duterte, confirmed.

“Yes. Because we need a Filipino lawyer who can argue regarding Philippine laws,” the Vice President said in a chance interview with reporters Friday afternoon (Friday night in Manila) after visiting her father at his detention facility in The Hague.

She, however, noted that no Filipino lawyer has yet been chosen, and the lawyer is “likely” not accredited with the International Criminal Court. “But we’ll see. It will depend on the ability of the lawyer,” she said.

The Vice President refused to name the shortlisted candidates for the core defense team to prevent pre-empting the selection process.

“I will not give their names for now, to protect their privacy as they may be bombarded with questions. We will defer to Atty. Nicholas Kaufman, on whether he would want to introduce the members of the team,” she said.

The five-member core defense team, which includes Kaufman, can choose to add more assistant lawyers, Sara added.

“It would still depend on the number of legal works to be done. But initially, there will be five,” she said.

Due to her impending impeachment trial, as well as her duties as Vice President, Sara said she could not be part of her father’s defense team.

Meanwhile, her father’s former executive secretary, Salvador Medialdea, also had to step back due to health concerns.

About her meeting with her father inside the detention facility, the Vice President said they were not able to talk freely.

“I am not covered by the privilege of communication. So, the guards are there listening to the conversation. They are recording our conversation. So, we don’t really discuss our defense [strategy]. Only his lawyer (Kaufman) can talk to him about confidential legal matters as they are covered by the privilege of communication,” she explained.

Nonetheless, the Vice President said she is confident of Kaufman’s expertise.

“I was able to talk to him and he’s very intelligent. He has a high level of experience – 19 years of experience, here in the ICC. So, he has deep knowledge of the ins and outs of the court,” she noted.

The former president’s defense team has about six months to prepare for litigation as the ICC set the confirmation of charges against him on Sept. 23.

Disclosure process

Ahead of the confirmation of charges hearing against Duterte on Sept. 23, pre-trial judges of the ICC have initiated the process to disclose relevant information.

In a seven-page order dated March 21, the ICC Pre-Trial Chamber I directed the ICC prosecutor to provide observations and respond to several questions relating to evidence and witnesses it intends to present against Duterte.

The directive is in line with the so-called “disclosure process,” which ensures that the suspect is “informed of the evidence on which the prosecution intends to rely” during the next hearing.

Specifically, the prosecutor was ordered to answer 15 questions, including information on the number of written pieces of evidence, written statements and non-written evidence such as photos, videos and audio recordings that it intends to submit.

The judges also asked the prosecutor to provide general information about the witnesses it intends to present, and whether or not it plans to request the anonymity of any potential witnesses.

Although the judges recognized that Duterte’s position with regard to the charges “will depend, to a large extent, on the disclosure of evidence by the prosecution,” they said it is a “matter of fairness” to still invite his defense team to provide observations and answer some preliminary questions.

“Does Mr. Duterte intend to rely on written testimonial evidence at the confirmation hearing? In the affirmative, in what format does Mr. Duterte intend to provide such evidence?” the judges asked.

The Pre-Trial Chamber I gave the prosecution until April 4 to provide its observations, while the defense was given until April 11 to submit its response.

Victim participation

The same order also directed the ICC Registry, which is in charge of “non-judicial aspects of the administration and the servicing of the court,” to “file observations in relation to victims’ applications for participation.”

These include the admission process for applicants seeking to participate in the proceedings, the application forms for participation, the applicants’ proof of identity documents and their legal representation.

The Registry was directed to submit the said information no later than April 2.

Lawyers representing some of the victims welcomed the directive, noting that victims’ participation “is a peculiar feature that protects the interests of the victims – to hear the truth, to ensure responsibility – at all stages in the proceedings.”

ICC Assistant to Counsel Kristina Conti, who arrived at The Hague on Friday, said they are ready to consult with the section on the modes and mechanisms that will work best in the victims’ context.

“We eagerly await further instructions from the Court and the victims’ section in the Registry for guidelines. We anticipate that victims will be required to submit a signed application to participate with a statement of their victimhood, identification documents, proof of kinship to the victim of the killing and other related information or documents,” she said.

“We must remind again that the identities of victims are protected throughout the proceedings, and that the Court will take appropriate measures to protect the safety, physical and psychological wellbeing, dignity and privacy of victims,” she added. — Janvic Mateo