Duterte at ICC: Prosecution asked to streamline evidence anew at 4th status conference

MANILA — The list of evidence in the trial of former President Rodrigo Duterte again became the center of a lengthy discussion during the fourth status conference, with parties failing to reach an agreement on what should be done about it.

Tuesday’s status conference for Duterte’s crimes against humanity case at the International Criminal Court focused on the number of witnesses and amount of evidence that the Office of the Prosecution plans to present.

Presiding Judge Joanna Korner stressed judicial efficiency and urged the prosecution to streamline the number of witnesses and compile a more focused body of evidence.

She said the court must be judicious with its time, resources and institutional effort.

The volume of the thousands of data sets continues to represent a major sticking point in the proceedings, with Korner pressing the prosecution to identify or retain only the data or evidentiary material essential to proving the case.

The prosecution recently presented a government accomplishment report from 2017 highlighting some 3,967 drug personalities who died during official anti-drug operations, which has been officially classified as a vital data set report.

Senior trial lawyer Julian Nicholls argued that the data sets are corroborated by a combination of direct witness testimony and open source accounts.

He said about 18,000 total data sets are under review.

“[I]t seems to us that at this stage, there is not a great deal that we can do about this unless the two sides get together and reach some agreement,” Korner reiterated after a short break.

On the topic of witnesses, the defense team floated the possibility of shortening their witness list.

The prosecution also said it had reduced its witness list to 173 from 193 and does not expect to call all of them. 

The chamber also encouraged the use of Rule 68(3) that allows the introduction of previously recorded testimony in certain circumstances while requiring the witness to be physically present and to be examined by all parties, to help manage the length of the trial.

Duterte’s trial expected to start on November 30, with the court yet to decide on the sitting schedule.

Korner earlier proposed four one-hour sessions followed by 30-minute breaks, with a lunch break from 12:30 p.m to 1:30 p.m.

Defense counsel Peter Haynes asked the chamber to consider the impact of a continuous trial schedule on Duterte’s family visits.

He said Duterte’s relatives are “senior politicians, congressmen, mayors and law students” who plan visits well in advance.

Haynes also cited the importance of those visits to Duterte’s mental welfare, as reflected in medical evidence presented to the court.

“A continuous schedule effectively denies him any family life,” he said.

Haynes asked judges to consider sitting in blocks, with breaks announced in advance, so the family could make arrangements.

He said that would let Duterte receive visitors or call home once every few weeks.

Korner said the chamber would take the request into account and would review the matter once they know who the first witness would be.

Tuesday’s hearing was a a “status hearing” for the parties and the court to fix logistical details.

It also marked Duterte’s second in-person appearane at the ICC since September.

Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018 during his offensive against alleged drug users and sellers.