ICC prosecutor: Witnesses vs Duterte need protection

MANILA, Philippines — International Criminal Court (ICC) prosecutor Karim Khan has confirmed the need to protect some of the witnesses against former president Rodrigo Duterte, who is facing charges for crimes against humanity.

The ICC on Tuesday released a public redacted version of the March 19 request filed by Khan, wherein he sought an extension in disclosing information regarding some witnesses against Duterte.

“The Prosecution recognizes that it is essential that the disclosure process begins as soon as possible following Mr. Duterte’s initial appearance, and is working accordingly to comply with the Chamber’s order, to the greatest extent possible,” read Khan’s five-page submission before the ICC Pre-Trial Chamber I.

“Amongst the Arrest Warrant Materials, the Prosecution has determined … that the (REDACTED) Witnesses will require protective measures before disclosure,” it added.

According to Khan, risk assessments and appropriate protective measures are being “worked on” by the ICC’s Security and Protection Unit, in consultation with its Registry’s Victim and Witness Section.

Given the security concerns, Khan said the prosecution intends to file a request not to disclose the identities of the witnesses.

He requested the Pre-Trial Chamber I to give him six to eight additional weeks to file the requests.

“Allowing the requested time of six to eight weeks for the Prosecution to make these filings would be in accordance with, and in fact a shorter period, than in the jurisprudence noted above, and would allow the Prosecution sufficient time to explain the need for authorization of non-disclosure of witness identities,” read the filing.

“This additional time would also allow the Prosecution to provide the Chamber with the materials relating to the [REDACTED] Witnesses, which include transcripts of recorded interviews, on an ex parte basis, with proposed redactions,” it added.

Court documents showed that the judges have granted Khan’s request to extend the deadline of the disclosure of evidence relating to “arrest warrant materials of seven witnesses.”

Khan’s team has so far disclosed “181 items” that were used as basis for the warrant application against Duterte.

Meanwhile, Duterte’s defense team told the ICC Pre-Trial Chamber I that they are still waiting for additional evidence from the prosecutor.

In an April 8 filing, Duterte’s lead counsel Nicholas Kaufman said they still cannot provide an “informed response to the issues” previously raised by the chamber as “prosecution disclosure is taking place on an ongoing basis and crucial aspects thereof are yet to be revealed to the Defence.”

“Only when the Defence receives a clearer and more granular picture of the evidence on which the Prosecution will rely at confirmation, will it be in a position to address these issues,” he wrote.

The pre-trial chamber earlier directed both the prosecution and the defense to provide their observations and information about the evidence they intend to present during the confirmation of charges hearing, which was provisionally set to start on Sept. 23.

Enrile: Duterte arrest lawful

In response to detractors, Chief Presidential Legal Counsel Juan Ponce Enrile disputed claims that Duterte’s arrest and transfer to The Hague lacked due process and violated Philippine sovereignty.

According to him, the Philippines is governed by rule of law and a regime of justice and adopts the generally accepted principles of international law as a part of its law.

“Many of his (Duterte) supporters and admirers – some of whom are learned academicians and legal scholars – claim that FPRRD (former president Rodrigo Roa Duterte)’s arrest was bereft of due process and that his delivery to the ICC for trial in the Netherlands was in violation of our dignity and sovereignty as a country. They blame BBM (Bongbong Marcos) and his regime for this unprecedented legal event. With due respect to all, I beg to disagree,” Enrile said in a Facebook post on Tuesday.

Enrile went on to cite several local and international laws as basis for his argument.

“We are a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them... We adhere to the policy of cooperation and amity with all nations,” he said. – Alexis Romero