THE LEGAL team of former President Rodrigo Duterte is preparing to challenge a recent ruling by the International Criminal Court (ICC) Pre-Trial Chamber (PTC) I, calling its basis for confirming murder charges “bizarre” and a threat to due process.
Defense counsel Nicholas Kaufman said on Thursday in an interview with Alvin & Tourism that they would formally seek leave to appeal the chamber’s decision to confirm three counts of murder against the former leader.
The ruling is seen as a major step toward a full-blown trial, which the defense is now moving to block.
Kaufman took particular aim at the Chamber’s assertion that charges do not need to include “unnecessary details that could be too specific and limiting at trial.” The PTC I argued that it was not in a position to “conclusively determine” every detail regarding the timing, place, and specific identities of all drug war victims at this stage.
Kaufman slammed this “flexible” approach, arguing it undermines the fundamental right of the accused to know the exact nature of the allegations.
“The whole purpose of a confirmation hearing is to determine the exact nature of charges against which an accused must defend himself,” Kaufman told the media. “In my opinion, this shows to what extent the Chamber was prepared to accommodate the prosecution at the expense of the former President’s fair trial rights.”
The defense also flagged what they described as a lack of transparency in the ruling.
Kaufman pointed out that “not one item of evidence was cited in the footnotes” of the decision, raising questions about the actual basis for the court’s findings.
The PTC I had previously stated that evidence from key witnesses and government records provided substantial grounds to hold Duterte “criminally responsible” for 49 killings involving 78 individuals covered in the charges.
The path to appeal
Under ICC rules, parties are not automatically entitled to appeal a confirmation of charges. Kaufman confirmed the defense would ask PTC I for permission to lodge the appeal, a necessary legal hurdle before the case can be elevated to the Appeals Chamber.
“The defense will most definitely be seeking leave to appeal the bizarrest assertion by the Chamber,” Kaufman reiterated, signaling a protracted legal battle ahead as the court moves closer to a potential trial.
