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Cristina Chi - Philstar.com
May 19, 2025 | 3:07pm
MANILA, Philippines — The International Criminal Court's Office of the Prosecutor has asked to extend the deadline for disclosing evidence in former President Rodrigo Duterte's crimes against humanity case, citing the need for more time to secure the safety of the witnesses first.
In a May 14 court filing, ICC Prosecutor Karim Khan requested the Pre-Trial Chamber I to extend the deadline for releasing the materials cited in Duterte's arrest warrant until July 1. The prosecution also sought to push the deadline for applications to withhold the identities of witnesses from May 23 to June 20.
Khan said his office, in consultation with the court's Security and Protection Unit, assessed that immediate disclosure of witness identities "would give rise to an objective risk to their safety."
RELATED: ICC prosecutor: Witnesses vs Duterte need protection
The prosecution said it expects to place protective measures before the disclosure of witness identities and materials no later than July 1.
"The Prosecution is proceeding on the basis that adequate protective measures can soon be put in place, which will allow for the standard disclosure of the Witnesses’ identities and materials at the earliest opportunity, and no later than 1 July 2025," the court filing read.
Earlier deadline extensions
The Chamber initially ordered prosecutors to submit all arrest warrant materials by March 21.
However, it later granted an extension to May 9 for certain witnesses after the prosecution requested more time to assess the need for security measures prior to disclosure. Duterte's camp did not oppose that earlier request.
In April, the Chamber's judges set July 1 as the general deadline for completing all evidence disclosure and May 23 for any requests to keep witness identities secret.
The prosecution argued both requested extensions are "reasonable and consistent with Mr. Duterte's rights" under the Rome Statute.
It noted the July 1 deadline would be earlier than in recent ICC cases and meets the required 30-day notice period.
"Consistent with the Chamber’s Order, the Prosecution is making every effort to conduct its investigative activities in a way that will not affect the disclosure process or the conduct of the confirmation of charges proceedings," the ICC prosecutor wrote.
The ICC prosecutor said it will "continue to expeditiously discharge its disclosure obligations as soon as practicable and on a rolling basis, and not only on the disclosure deadlines issued by the Chamber."
Confirmation hearings set
Duterte's confirmation of charges hearings has been provisionally set to start on September 23.
In a bid to prevent trial and seek his early release, the former president's legal team earlier this month filed before the Pre-Trial Chamber I its formal challenge of the ICC's jurisdiction over his case.
The former president faces crimes against humanity charges related to his anti-illegal drugs campaign as Davao City mayor, and later, as president.
At least 6,252 were killed in anti-drug operations under the Duterte administration, according to data released by the government. But rights groups say that up to 30,000 may have been killed, including innocent victims.
During his presidency, Duterte had repeatedly admitted to ordering killings in his hometown, at one point saying that killings during his term as mayor were an "investment" to make the city peaceful.
Since Duterte's arrest in March, relatives of drug war victims have been bombarded with online threats and harassment. Several supporters of the former president have been swarming social media with hate speech, manipulated images, and accusations that families of those slain in the drug war are "fake victims."
The ICC itself has been targeted by a suspicious online campaign to frame Duterte's arrest as a form of illegal detention and kidnapping.
Khan on temporary leave
Khan informed the court on May 16 that he is taking a temporary leave pending an external investigation into sexual misconduct allegations against him.
The ICC prosecutor — who has categorically denied the allegations — has said through his lawyers that he has not stepped down and has no intention of doing so.
ICC Deputy Prosecutor Mame Mandiaye Niang, who signed Duterte's arrest warrant request, is expected to lead the prosecution team during Khan's absence.
