ICC Defense Team of Former Pres. Rodrigo Duterte Makes Filing for Confirmation of Charges on September 23
RODRIGO DUTERTE – The defense team of the former President will not present witnesses at the hearing set by the International Criminal Court (ICC) on September 23.
Former Pres. Duterte is detained under the ICC custody in The Hague, Netherlands since March. His camp has filed an application for his interim release but also recently asked the court to hold off in deciding over the request. According to his lawyer, they still await some information that could support their interim release bid.
Vice Pres. Sara Duterte previously claimed that former Pres. Rodrigo Duterte has aired his last wish “to be cremated” if he dies during his ICC detention. According to the Vice President, her father who is a pro-cremation wants only his ashes to be brought home to the Philippines.
Several allies of the former President in the Senate have filed resolutions seeking for his house arrest. They cited the old age, medical conditions, and prolonged social isolation of the former Chief Executive. Duterte is faced with an accusation of crime against humanity over his administration’s drug war. The confirmation of charges regarding his case is set on September 23.
Recently, the ICC defense team of former Pres. Rodrigo Duterte made a filing over the confirmation of charges set on September 23. Based on a report on Inquirer, the legal team of the former President will not be calling on any witness to testify.
Furthermore, Duterte’s legal team will also not supply any written testimonial during the confirmation of charges on September 23. His lawyers made the filing dated July 24 to the Pre-Trial Chamber I. Based on the report, Duterte’s lead counsel Nicholas Kaufman claimed that credibility is given little weight in the said part of the process.
“The Defence will not call witnesses to testify at the confirmation hearing. This is a principled decision because credibility is given little weight at confirmation,” Kaufman said.
Based on the report, the defense team of former Pres. Rodrigo Duterte also does not want to give the prosecution an “advance notice of the many potential Defence witnesses” who would counter their evidence. Furthermore, Duterte’s legal team said they will not be presenting an “alibi” and there will be no grounds for the “exclusion of criminal responsibility pursuant to Article 31 of the Rome Statute”.
Under the Article 31 of the Rome Statute, an individual may not be held criminally liable if he/she is suffering from a mental disease, acting in self-defense, intoxicated to the point of mental incapacity, or under duress at the time of the commission of the crime.
Recently, former Pres. Rodrigo Duterte’s ICC lawyer Nicholas Kaufman confirmed his past ties with former First Lady Imelda Marcos.