ICC junks Duterte request to restrict victim ID docus

MANILA – The International Criminal Court (ICC) pre-trial chamber has denied the request from former president Rodrigo Duterte’s legal team to limit the victim verification process in the ongoing investigation into his anti-drug campaign.

In a 20-page ruling, the ICC’s pre-trial chamber endorsed the Registry’s suggested list of documents that may be utilized to confirm the identities of victims wishing to take part in the proceedings.

The chamber noted that the ICC Registry had adequately specified each proposed document, detailing the issuing authority and providing sample formats as evidence of identity for those applying as victims.

“This information, together with the procedure for admission of victims to participate in the proceedings adopted above, already ensures the ‘reliability of the identity verification process and significantly reduces the risk of fraud,” the chamber’s orders read. 

The chamber acknowledged that the ICC Registry proposed the acceptance of a declaration signed by two witnesses, along with their identification, to verify the applicant’s identity or their connection to the victim, in situations where standard identification documents are unavailable.

Nevertheless, the chamber concurred with the defense’s recommendation that if applicants utilize these witnessed declarations or any other unapproved documents, the chamber will assess their acceptance individually, following the Registry’s evaluation and recommendations.

The ICC Registry, which oversees the court’s non-judicial administration and services, had earlier provided a list of 30 identification documents deemed suitable for verifying the identities of victim applicants and their representatives.

It also noted that although the Philippines is in the process of implementing a national ID system, there have been delays in the issuance of these cards.

In reaction to the Registry’s recommendations, Duterte’s defense attorney, Nicholas Kaufman, contended that the Registry’s non-sequential list of identification documents unnecessarily expands the identification framework established by the Philippine Social Security System.

He proposed that the pre-trial chamber mandate the submission of either a national identity card or a passport featuring a recent photograph. Kaufman asserted that this approach would “streamline proceedings” and promote “a more rigorous standard.”

The case involves allegations of crimes against humanity against Duterte, encompassing at least 43 instances of killings linked to the Davao Death Squad and police operations during his administration.

ICC Prosecutor Karim Khan indicated that the prosecution intends to present a minimum of 8,565 pages of written evidence against the former president.

The pre-trial chamber has set a deadline of July 1 for the prosecution to submit all evidence against Duterte, which will be utilized in the confirmation of charges hearing scheduled for September 23./PN

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