Deadline set for evidence disclosure vs. Duterte amid ICC prosecution’s ‘continuing’ probe

Metro Manila, Philippines - The International Criminal Court’s Pre-Trial Chamber I has set a deadline for the disclosure of evidence against Rodrigo Duterte, as the prosecution intends to continue investigating the former Philippine president for alleged crimes against humanity.

In an order dated April 17, the Pre-Trial Chamber I, led by Presiding Judge Iulia Antoanella Motoc, set the deadline for the prosecution’s disclosure process on July 1.

“This includes all the evidence it intends to rely upon at the confirmation of charges hearing, including the totality of the witness statements and their translations, the exculpatory material that it has identified thus far, and the material falling under rule 77 of the Rules,” the order read.

It added, “Any items of evidence submitted after that date will not be taken into account for the purposes of the confirmation of charges hearing.”

The deadline came after ICC Prosecutor Karim Khan said the prosecution is “continuing its investigation regarding Mr Duterte” and that it “intends to review and disclose any new evidence collected during this investigation on a rolling basis.”

READ: ICC readies two witnesses, thousands of pages of evidence for Duterte confirmation hearing 

“This finding is without prejudice to the Prosecution’s ongoing duty to provide the Defence with any exonerating evidence identified after the aforementioned time limit in accordance with article 67(2) of the Statute, without detracting from the Prosecution’s obligation to identify and disclose all the exculpatory material within the evidence already in its control and possession,” Motoc and two other judges said of the deadline.

“This obligation shall not affect the existing time limits of the proceedings, including the timeline for the disclosure process as outlined above,” they added.

Duterte’s confirmation of charges hearing is set on Sept. 23, where it will be determined whether there is sufficient evidence to go on trial.

The former Philippine leader is accused of crimes “as part of a widespread and systematic attack directed against the civilian population” in connection to his administration’s bloody war on drugs.

Khan previously said the prosecution aims to complete the review and disclosure of currently possessed evidence by “no later than thirty days before the confirmation hearing.”

But the Pre-Trial Chamber I judges said the accused must have a copy of the document containing the charges and be informed of the evidence in a “reasonable time before the hearing” for the defense team to “prepare adequately.”

They also told the prosecution that its investigative activities should be conducted “in a way that will not affect the disclosure process or the conduct of the confirmation of charges proceedings and hearing.”

The prosecution is also expected to submit a document containing the charges, which should be written in narrative style and limited to “essential factual and legal elements of the charges that the Prosecution is requesting the Chamber to confirm as the basis for a potential trial against a suspect.”

The prosecution will also present a pre-confirmation brief to “substantiate the specific factual and legal elements of the proposed charges.”

Both documents and the list of evidence must be submitted by July 4 at the latest.

Duterte was arrested at the Ninoy Aquino International Airport on March 11 via an ICC warrant coursed through the Interpol.

He was “surrendered” by the Philippine government to the ICC on March 12 and made his first appearance before the international court two days later.