1 day ago
7
Upgrade to High-Speed Internet for only ₱1499/month!
Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.
Visit Suniway.ph to learn
MANILA, Philippines — In a bid to move the case to trial, the prosecution will present at least 8,565 pages of written evidence against former President Rodrigo Duterte before the International Criminal Court (ICC).
Beyond the thousands of pages, ICC Prosecutor Karim Khan said the prosecution will also use visual and audio evidence: nine photographs and nearly 16 hours of footage across 30 files.
Khan revealed this in his April 4 response to Pre-Trial Chamber judges regarding the conduct of the confirmation of charges hearing. A redacted version was made public on April 15.
The prosecutor, however, noted that the cited evidence is only a portion of what will be used during the confirmation proceedings. Khan added that the prosecution is still reviewing its materials before reporting the total volume of evidence to the chamber.
“The prosecution is still in the process of determining the overall quantity of written and non-written documentary evidence that it intends to rely upon at the confirmation hearing,” Khan said.
More evidence disclosed
The prosecution earlier released 181 items covering 2,787 pages on March 21 to Duterte’s defense. Khan said about 160 more items, including 15 video files running nearly six hours, may be disclosed starting April 7.
“These items are non-witness related documentary material that it intends to rely upon at the confirmation hearing. These items will require limited standard redactions,” he said.
The cited evidence is only a fraction of the extensive documentary material gathered during the investigation. Khan mentioned that the prosecution has 129,358 written documents in its "Relativity database" and an additional 48,235 textual documents in another database, which is still being registered.
In total, about 168,575 items are part of "datasets" that will be reviewed and disclosed "as soon as practicable."
Under ICC rules, the prosecution must also turn over evidence that could support the accused’s innocence. Khan, however, said they are still combing through their files, guided for now by their theory of the case and expected defense arguments.
The prosecution also asked Duterte’s defense team to share their planned “search terms” in preparation for the upcoming hearing. If provided, Khan said the prosecution will prioritize disclosing documents from its collection that match those terms.
The prosecution said it plans to disclose three categories of evidence on a rolling basis:
- “INCRIM” - incriminating material
- “PEXO” - potentially exonerating evidence
- “R77” - documents covered under Rule 77 of the ICC Rules of Procedure and Evidence
It also “intends to complete the review and disclosure of evidence currently in its possession” at least a month before the confirmation of charges hearing scheduled for September 23.
Khan added that most of the evidence is in English, Tagalog or Cebuano, with English translations or transcriptions to be provided when necessary.
Witnesses. Concerning the witnesses who will appear before the hearing, the prosecution said it currently intends to ask two witnesses to testify. However, it will also be using collected witness statements from the investigation.
The ICC may choose to withhold the identity of such witnesses as part of their protective measures.
Duterte's ICC case
Duterte has been charged with crimes against humanity for his violent war on drugs during his presidency, which led to over 6,000 documented deaths, according to the Philippine government. Human rights groups estimate the number could range from 12,000 to 30,000.
The ICC’s investigation also covers killings that occurred during his brutal crackdown on criminals while he was mayor of Davao City.
The alleged crimes under investigation occurred between November 2011 and March 2019, which is within the period the Philippines was a member of the Rome Statute.
During the confirmation proceedings, the defense will have the opportunity to challenge the charges and evidence presented by the prosecution, even submitting their evidence countering the case.
If Duterte's case moves to trial, the prosecution may present additional evidence to the assigned trial chamber.
