Victims of the Philippines’ deadly anti-drug campaign will be allowed to present their views and concerns through appointed lawyers as they participate in the International Criminal Court’s (ICC) confirmation of charges hearing against former President Rodrigo Duterte, set for February 23–27.
In a decision issued on Jan. 26, Pre-Trial Chamber I found Duterte fit to take part in pre-trial proceedings and rejected the defense’s request for an indefinite adjournment.
The ruling clears the way for the confirmation of charges hearing, where judges will determine whether there is sufficient evidence to establish substantial grounds that Duterte committed the crimes charged.
The ICC said victims admitted to participate in the case will be allowed to present their views and concerns during the proceedings through their appointed lawyers.
The Chamber appointed Joel Butuyan and Gilbert Andres, together with a counsel from the Office of Public Counsel for Victims (OPCV), as the common legal representatives of victims, according to the decision.
Victim participation at the confirmation stage allows their legal representatives to make submissions on issues that directly affect their personal interests, subject to the Chamber’s authorization.
The Pre-Trial Chamber I likewise ordered special medical accommodations for Duterte and formally set a four-day confirmation of charges hearing, with strict limits on hearing days and session length, to limit daily strain.
The Chamber scheduled the hearings on Feb. 23 (Monday), Feb. 24 (Tuesday), Feb. 26 (Thursday), and Feb. 27 (Friday). Judges also ordered hourly breaks and capped hearings at no more than three hours per day.
The daily schedule will look as follows:
Session 1: 10 a.m. – 11 a.m. (30-minute break)
Session 2: 11:30 a.m. – 12:30 p.m. (90-minute break)
Session 3: 2 p.m. – 3 p.m.
Emphasizing the principle of fairness and equality of arms, the Pre-Trial Chamber I will allocate more time for the defense team, as the Prosecution already had the opportunity to present its case to the Chamber in writing.
The allocated time for the Prosecution, the Common Legal Representative of Victims (CLRV), and defense will be as follows:
Prosecution: 30 minutes for opening statements, 2 hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements
CLRV:30 minutes for opening statements, 1 hour and 30 minutes for submissions on the merits, and 30 minutes for closing statements
Defense:30 minutes for opening statements, 3 hours and 30 minutes for submissions on the merits, and 30 minutes for closing statements.
The chamber also ordered that the mandatory annual hearing on the review of Duterte’s detention be held alongside the confirmation proceedings, scheduled for the final session of Friday, Feb. 27.
During the detention review, the Chamber will hear oral submissions from the Prosecution (20 minutes), the CLRV (15 minutes), and the defense (20 minutes). Judges said no additional written submissions are required unless new evidence is introduced.
Duterte is suspected of crimes against humanity of murder and attempted murder, supposedly committed between Nov. 1, 2011, and March 16, 2019, in the context of his anti-drug campaign. (Argyll Geducos)
