ICC grants access to some Duterte arrest materials as trial nears
MANILA, Philippines — Prosecutors at the International Criminal Court (ICC) have secured partial access to materials obtained during the arrest and transfer of former president Rodrigo Duterte, as the court moves ahead with preparations for his crimes against humanity trial later this year.
In a redacted decision released Friday, July 3, the ICC said it granted the prosecution access to two requested items in the Registry's custody after finding that they could contain evidence necessary for its investigation.
The specific items remain undisclosed in the public version of the ruling.
“The Chamber therefore finds that such examination is necessary and proportionate to the legitimate investigative needs. Accordingly, the Chamber grants the requested access to [REDACTED] and [REDACTED],” the ICC said.
However, the chamber denied prosecutors' request to examine the keys that were taken into the Registry's custody following Duterte's arrest and transfer to The Hague.
The judges said prosecutors failed to explain what the keys were linked to or how they could provide evidence relevant to the investigation.
"Turning to the Keys, the Chamber notes that the Prosecution merely submits that the Keys ‘[REDACTED]’, 13 and does not specify to what items the Keys relate to, nor how such items may provide evidence that are necessary for the investigation,” the decision read.
The chamber also considered the defense's argument that the keys could belong to Duterte's relatives and that examining them could violate the privacy rights of third parties.
"The Chamber further notes the Defence's arguments that the Keys were 'seized while he was travelling with members of his family', and it is therefore 'entirely possible that the keys provide access to material belonging to, or concerning, his relatives, such that their examination would intrude upon the privacy rights of third parties,'" the ICC said.
The tribunal added that granting access to the keys would not be justified.
"In light of these circumstances, the Chamber finds that the requested access to the Keys is neither necessary nor proportionate, and should therefore be rejected,” the ICC said.
Witness list grows
The decision comes as prosecutors continue to build their case against Duterte, who faces charges of crimes against humanity over killings linked to his anti-illegal drugs campaign and his tenure as Davao City mayor.
Earlier this week, the Office of the Prosecutor confirmed that it had submitted a provisional list of witnesses it intends to present during the trial, although their identities remain confidential.
"The prosecution has provided the pseudonym for each witness. The prosecution notes that the number of witnesses is likely to increase from the Provisional List of Witnesses in light of the prosecution's ongoing investigations," Deputy Prosecutor Mame Mandiaye Niang said in a June 29 filing.
Niang said prosecutors will submit the final witness list, along with summaries of their expected testimony, by August 31.
In an earlier filing, prosecutors said they may rely on evidence from 60 to 70 witnesses, including 31 insider witnesses, 17 crime-based witnesses and 12 others who would testify on the broader context of the alleged crimes.
They also expect to call 25 to 30 witnesses to testify in person before the court, while the rest may be presented through previously recorded testimony under the ICC's Rule 68.
"The prosecution intends to call as many of its witnesses as possible to testify in person at the seat of the Court," Niang said.
"However, the prosecution anticipates that some witnesses may need to testify via audio/video link where the witness is unable to travel to the seat of the Court," he added.
The prosecution estimates that its direct examination of witnesses will take 175 to 200 hours.
Trial preparations continue
ICC Trial Chamber III has scheduled the reading of charges for November 30, the opening day of Duterte's trial.
Under the court's timetable, prosecutors have until August 31 to submit their trial brief, final witness list and documentary evidence, while the Common Legal Representatives of Victims may file a trial brief by September 28.
Duterte's defense team has until October 30 to identify which factual allegations and legal arguments they intend to challenge and to outline the general nature of the former president's defense.
The trial will proceed in three phases: presentation of evidence by the prosecution, presentation of evidence by the victims' legal representatives if authorized by the court, and presentation of evidence by the defense.
The next ICC status conference is scheduled for July 14.
Duterte has been in ICC custody since March 2025 after his arrest in connection with allegations of crimes against humanity stemming from killings during his tenure as Davao City mayor and later as president.
- Latest
- Trending
