ICC 'partly grants' prosecutors' request to access Duterte's arrest items
ICC 'partly grants' prosecutors' request to access Duterte's arrest items
The International Criminal Court partly granted the request of prosecutors for "materials in the custody of the registry" in relation to the case of former Philippine President Rodrigo Duterte.
In a redacted version of the decision made public Saturday morning (Manila time), the ICC said it granted access to the two items requested by the prosecutors.
"The Chamber therefore finds that there are reasonable grounds to believe that the examination of these materials would produce evidence that is necessary for the investigation," the ICC said in its decision.
"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]," it added.
However, the ICC rejected the prosecutors' request for access to the keys obtained by the Registry upon the arrest and Duterte's transfer.
"Turning to the Keys, the Chamber notes that the Prosecution merely submits that the Keys ‘[REDACTED]’, and does not specify to what items the Keys relate to, nor how such items may provide evidnce that are necessary for the investigation," the ICC said in its decision.
"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’.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," it added.
Judges of the ICC Trial Chamber III previously issued directions governing the conduct of trial proceedings in the crimes against humanity case against Duterte.
The trial chamber said the reading of charges will take place at the start of the trial on November 30, 2026.
Before this, the prosecution must submit, by August 31, a detailed trial brief, along with a list of witnesses it intends to call during the trial and a list of all items it plans to present as evidence.
The Common Legal Representatives of Victims (CLRV) may also choose to file a trial brief by September 28.
Duterte’s lawyers have until October 30 to tell the court which key facts or legal arguments presented by prosecutors are being challenged and provide the basis for those objections, as well as the general nature of his defense.
The trial will be organized into three stages:
- Presentation of evidence by the prosecution;
- Any presentation of evidence by the CLRVs, should leave to do so be granted; and
- Any presentation of evidence by the defense.
Duterte has been in ICC custody since March 2025 in connection with charges over killings during his tenure as Davao City mayor and during the war on drugs under his presidency. —VAL, GMA News
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