Prosecutors mandatorily furnish defense with 181 pieces of evidence

The International Criminal Court (ICC) has moved forward with its case against former Philippine President Rodrigo Duterte by disclosing 181 pieces of evidence to his legal defense team.

In a three-page communication, the first batch of evidence, labeled as “Pre-Confirmation INCRIM package 001” and classified as “confidential,” was submitted by ICC Prosecutor Karim Khan to the pre-trial chamber.

“These items comprise the material cited in the Warrant of Arrest for Mr Rodrigo Roa Duterte, with the exception of those items notified to the Chamber and the Defence in the Prosecution’s related application under regulation 35 of the Regulations of the Court, for which the disclosure deadline has been extended by the Chamber,” the document read.

While specific details of the evidence remain undisclosed, the ICC prosecutor confirmed that the materials are directly linked to the warrant of arrest issued against Duterte.

Earlier, on March 14, ICC Pre-Trial Chamber I Presiding Judge Iulia Motoc directed the prosecutor to begin disclosing the evidence that formed the basis of the arrest warrant and to complete the process within seven days.

This step is part of the broader evidence disclosure process, which ensures that the suspect is “informed of the evidence on which the prosecution intends to rely” ahead of the confirmation of charges hearing on September 23.

The global tribunal also assured that it remains committed to pursuing justice for the victims of the Duterte administration’s bloody “war on drugs” despite a wave of online trolling from supporters of the detained former president.

In an interview with GMA Integrated News, ICC spokesperson Dr. Fadi El Abdallah addressed the reported spamming and trolling directed at ICC judges, emphasizing that the court remains unfazed.

“We are all focused on only one thing, which is delivering justice in the best conditions for the victims and to ensure that the truth is revealed about the guilt or innocence of any person who is accused,” Abdallah said.

Earlier, reports surfaced that Duterte loyalists have been spamming the social media accounts of Judge Motoc, including her LinkedIn profile.

Human rights lawyer Kristina Conti, who represents victims of the drug war at the ICC, warned that such actions could backfire. She pointed out that any attempt to intimidate ICC prosecutors and judges could lead to additional charges under the Rome Statute.

“There is already a fifth case being tried at the ICC, involving offenses against the administration of justice (Article 70, Rome Statute). Those attacking the court, the prosecutor, and/or the judges should be careful, as Duterte’s cases might increase,” Conti said.

As this developed, Malacañang defended the ICC’s decision to proceed with its investigation into the previous administration’s war on drugs, emphasizing that the former government failed to fulfill its commitment to conduct an independent probe.

Palace Press Officer Claire Castro responded to reports that supporters of Duterte called to let local courts handle the investigation.

She said the ICC’s decision stemmed from Duterte’s own administration’s shortcomings.

“The ICC prosecutors decided to proceed with their investigation even before President Marcos assumed office because the former administration did not follow through on its promise to conduct a credible and independent investigation,” Castro said.

She cited instances where Duterte publicly undermined domestic investigations, referencing the case of Police Superintendent Marvin Marcos.

The National Bureau of Investigation (NBI) initially recommended multiple murder charges in the killing of Albuera Mayor Rolando Espinosa Sr., but Castro noted that Duterte intervened.

“Despite the NBI’s findings of murder, former President Duterte stated, ‘I will not allow these guys to go to prison.’ Following that pronouncement, the charges were downgraded to homicide,” Castro said.

She argued that while the country’s judicial system functions effectively for ordinary citizens, it failed to ensure accountability at the highest levels during the Duterte administration.

For his part, Senate President Francis Escudero clarified that the case filed at the ICC against Duterte was initiated by Filipino citizens, not foreign nationals.

“I don’t see any takeover of jurisdiction from the courts in the Philippines regarding this issue,” he said.

“And according to the law in force in our country, which was also cited during the hearing, any accused person whether Filipino or foreigner, can be brought to the International Court concerning Crimes Against Humanity committed by individuals,” the senate chief added.

Escudero pointed out that no foreign entities interfered in the decision to take the case to the ICC.

He emphasized that Filipinos made the decision to pursue the case, citing Justice Secretary Jesus Crispin Remulla’s statements to support this point.

Meanwhile, former Senator Gringo Honasan and other personalities launched a signature campaign to pressure the ICC into sending Duterte back to the Philippines.

In a press briefing on Wednesday, the senatorial candidate said the signatures will be gathered physically and through social media.

Editor’s Note: This is an updated article. Originally posted with the headline “ICC prosecutor bares initial evidence to Duterte’s defense team.”