BY ALEX ALAGON
- ICC lawyer silent on alleged revoked visitation rights for FPRRD’s partner
THE LEAD defense counsel for former President Rodrigo Roa Duterte, Atty. Nicholas Kaufman, is mum on the reason why Cielito “Honeylet” Avanceña was barred from visiting the Davao City mayor-elect in the detention center in The Hague.
In a written interview posted by pro-Duterte supporter “Alvin & Tourism,” Kaufman addressed the growing public friction, attributing Avanceña’s statements to her “emotionally distressed” state.
When asked to provide the legal basis for the alleged suspension of Avanceña’s visitation rights, Kaufman was brief.
“For judicial reasons and out of respect for family privacy, I am not going to comment on the veracity of Honeylet Avanceña’s allegations concerning her presence not being desired at the ICC detention center,” he said.
The statement comes after Avanceña made public claims that her visitation rights had been revoked.
Kaufman also responded to Avanceña’s concerns that he has not “personally engaged with or understood” the former president in a meaningful way, which she implied could hinder his defense.
“Honeylet Avanceña, so it would appear, is emotionally distressed for reasons on which, as I mentioned previously, I cannot elaborate,” Kaufman stated. “As a consequence, she is making all sorts of wild allegations which are being stoked by others.”
He dismissed her concerns by pointing to the former president’s daughter, Vice President Sara Duterte, as the arbiter of his professional conduct.
“The simple fact of the matter is that the Vice-President, as a lawyer herself, is fully qualified to judge the quality of my engagement with and work for the former President,” he added.
Finally, Kaufman sought to quash rumors of internal strife within the defense team, stating, “There are absolutely no internal disagreements among the persons responsible for handling the former President’s defense.”
He once again singled out former spokesperson Harry Roque, referring to him as “an irrelevancy” whose “comical intrigues” he is being “forced to spend far too much time” addressing.
He also confirmed that there are “absolutely no personal misunderstandings between those who are of importance to the former President.”
Photo courtesy of Kitty Duterte Instagram
Looks like the world is getting smaller for former Presidential Spokesman Harry Roque these days.
Roque, who is now gallivanting abroad and hoping to secure asylum, preferably in the Netherlands, is starting to get rebuffs from the camp of his former boss in Malacanang, then President Rodrigo R. Duterte, who is presently detained in the detention center of the International Criminal Court (ICC) in The Hague. The former President is facing a case of crimes against humanity at the ICC.
Initially, Roque was denied asylum by the government of the Netherlands, but he is still there, hoping that his case will be reconsidered by the Dutch government.
The former spokesman of FPRRD was earlier rejected as part of the defense team of the former President. This despite the fact that he is one of only very few Filipino lawyers accredited by the ICC.
Of late, Roque’s statements made on the case of his former boss have been considered by the Defense team of Duterte, led by lawyer Nicholas Kaufman, as “interference” in their work and might possibly affect adversely the defense team’s strategy.
Of course, the former Presidential spokesman was quick to deny that he is interfering in the Duterte defense team’s activities.
In the early days of the former President’s incarceration at The Hague, VP Sara, who was the one working for the organization of his father’s defense team, appeared wanting in interest in having Roque as a member.
Of course, the VP’s action is understandable. After all, how could she be assured of Roque’s full attention in the defense of his father when the former was also having a problem of his own, that is, defending himself from some cases he is facing in the Philippines – the very reason he left the country.
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Acting Mayor Baste Duterte is lambasting the Marcos, Jr. administration for its apparent toleration of online gambling even after vilifying the Philippine Offshore Gaming Operations (POGOs) during his third State of the Nation Address (SONA) last year.
According to Baste, the Marcos Jr’s administration only succeeded in politicizing the POGO halt despite the millions of pesos it brought to the government treasury. Besides, he added, the target clients of POGOs were not Filipinos but big-time gamblers from other countries like China.
Now, the younger Duterte said, the administration is coddling the operation of online gambling with Filipinos as its clients. And this has been going on without a single centavo in taxes paid to the government.
But we are also wondering whether Mayor Baste has noticed that in his own turf, online gambling “couched” by the so-called legally allowed Small Town Lottery (STL) betting outlets is now growing in number like mushrooms sprouting underneath banana plants. How about this phenomenon of booking outlets for the small town lottery? We are just wondering if the acting mayor has knowledge of the massive rise in the number of these outlets for gambling, which in some areas are barely less than 300 to 400 meters away from each other.
For now, we have heard of famous names mentioned as operators of these betting venues for STL (kuno), but they are actually just “fronts” of the more juicy illegal Last 2 operation.
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This one is worth the recognition as a major news story of the world.
Remember that Ukraine has been at war with Russia for about two years now. And despite several attempts, Russia still failed to steamroll into Ukraine despite its massive size. In fact, Ukraine even brings the war to Russia’s domain without necessarily sending foot on the ground.
But only this week, it appears that some other “forces” succeeded in “invading” Ukraine. And because of the ongoing war, the Ukrainian authorities seem convinced that the country will have a hard time thwarting the new “invaders.”
And the Ukrainian government is so afraid that, should the “invasion” not be thwarted early, chances are the country may end up having a serious food shortage.
The “invaders?” Locusts, swarms of these large insects, are now attacking Ukrainian farm crops that are feeding its people, including the already exhausted soldiers, while they are locked in a struggle against Russia.
The worst fear of the Ukrainian people is that if these “invaders” are not halted, chances are the country may be on its way to a serious hunger. And the country cannot afford to spare money since it is spent mostly on the country’s effort to sustain its war against Russia.
Quo Vadis Ukraine?
LAWYER Nicholas Kaufman, lead defense counsel for former President Rodrigo Roa Duterte in his International Criminal Court (ICC) case, has vehemently denied accusations of employing “delaying tactics” and addressed concerns regarding his past professional associations, including a meeting with Imelda Marcos.
In a recent written interview on July 29, 2025, shared by “Alvin & Tourism,” a Netherlands-based supporter of the former president, Kaufman provided detailed responses to questions surrounding Duterte’s ongoing legal battle at the ICC.
Addressing the delaying tactics allegation
Kaufman firmly pushed back against claims that he is intentionally stalling proceedings.
“I am stalling nothing,” he stated. He clarified that he would not pursue a request for interim release while being “prevented from accessing information which I believe to be crucial to obtaining that objective.”
While unable to elaborate on the precise nature of the information, he indicated that these delays are not attributable to the defense, emphasizing his commitment to thorough representation.
“I am not going to apologise for doing my job thoroughly even if it is not at the pace required by others,” Kaufman asserted, adding that the former President is “fully informed and consents to his team’s activity on his behalf.”
On loyalty and past clients
Responding to a question regarding a Forbes Africa article and potential conflicts of interest due to his previous clients, particularly a meeting with Imelda Marcos, Kaufman was unequivocal.
He stated that “The former President is fully aware of my former clients and also knows that my meeting with Imelda Marcos took place more than 13 years ago over a Chinese meal in Manila.”
He further noted that this meeting occurred “before the Duterte family was recognized as a political force to be reckoned with in the Philippines.”
Kaufman also revealed a recent meeting with Senator Imee Marcos, Imelda’s daughter, acknowledging her “invaluable assistance to the Filipino people in exposing the illegal actions taken by her own brother’s administration” through the Senate Committee on Foreign Relations.
He concluded this point by firmly stating, “There is no question of my loyalty to former President Duterte.”
Duterte’s awareness of the case and lawyer visits
Kaufman dismissed claims that former President Duterte is unaware of his case and that his lawyers are not visiting him as “baseless claims circulated by petty-minded and self-interested individuals.”
He directly addressed the interviewer, “As you know, Alvin, we visit the former President on a daily basis. You see us coming out of the prison regularly, and you are our best witness to the fact that these statements and rumours are malicious lies.”
The “crazy scheme” involving Dutch laws
Kaufman reiterated his previous characterization of a “crazy scheme” legal remedy involving Dutch laws, referring to an alleged initiative by Harry Roque to sue the Dutch Government for facilitating the rendition of the former President.
He deemed this a “big mistake” because “the release of the former President would require the cooperation of the Dutch Government – something unlikely to be forthcoming if they are being sued by the person concerned.”
Kaufman also stated that a Dutch lawyer severed contact with Roque upon learning he was “a fugitive from justice.”
He strongly criticized Roque’s persistence, claiming it “could very well have jeopardized the Defence’s efforts to release the former President.”
Kaufman made it clear that he would “find it hard to forgive him for that, and I refuse to entertain his ramblings.”
He advised Roque to focus on his own legal issues, specifically his appeal against the denial of his supposed refugee status, and stressed that neither the former President nor his immediate circle is interested in Roque as a lawyer.
“The former President has made it known that Roque should stop interfering in his case and return to the Philippines to sort out his own troubling legal issues.”
“Substantial grounds” for dismissal
Referring to his prior interview with ABS-CBN, Kaufman elaborated on what constitutes “substantial grounds” for the dismissal of the case against the former President before the confirmation of charges.
He explained that the Prosecution needs to convince the Pre-Trial Chamber judges that there are “substantial grounds to believe that the former President has committed the crimes of which he is accused.” This standard is lower than “beyond reasonable doubt” required at trial but higher than “reasonable suspicion” for arrest.
Kaufman noted a challenge for the defense: “credibility of witnesses and their motives for lying about the former President are given very little weight at confirmation.”
He added that the defense’s arguments will be primarily legal, focusing on demonstrating how elements of the imputed offenses are not met due to “lacking evidence or the evidence that does exist is so inherently contradictory that it cannot be relied on.”
No prosecution witnesses will be presented at this stage, limiting the defense’s ability to cross-examine.
Judicial recess and case developments
Regarding the judicial recess, Kaufman clarified that while there is a recess, “Consequential and urgent applications and decisions can be introduced at any stage.”
This suggests that developments in the case are not strictly on hold until late August.
Strategic Decision on Witnesses and Alibi
Finally, Kaufman explained the strategic decision not to present an alibi, invoke grounds for excluding criminal responsibility, or call witnesses during the confirmation hearing.
He reiterated that the confirmation of charges hearing is “limited in scope.” Presenting witnesses at this stage would be a “mistake” as it would “alert the Prosecution as to its ammunition should the case go to trial.”
He noted that only a few witnesses currently incriminate the former President, in contrast to “many potential Defence witnesses who held positions of consequence and who will be prepared to rally to the former President’s side to dismiss the lies of the Prosecution’s witnesses.”
Kaufman also addressed the alibi, stating it’s unnecessary since “the Prosecution is not alleging the former President’s direct involvement in criminality.”
He described the Prosecution’s case as a “fantastic theory of indirect co-perpetration,” which posits that crimes were committed by others “subordinated to the former President’s supposed domineering control” and enacted pursuant to an “elaborate criminal plan.”
The defense, he concluded, will demonstrate this “bizarre, highly convoluted and speculative theory of responsibility to be thoroughly baseless.”
Photo courtesy of YNet News
- Duterte defense team seeks urgent ICC conference
THE LEAD defense counsel for former President Rodrigo Duterte, Atty. Nicholas Kaufman, urgently requested a status conference with the International Criminal Court (ICC) to address what he described as “serious procedural delays” hindering the preparation for the confirmation of charges hearing.
Kaufman’s request, submitted under Rule 121(2)(b) of the ICC’s Rules of Procedure and Evidence, calls for the conference to be held before the court’s summer recess on July 25, 2025, at 5:30 PM (CET).
The defense wanted to assess the feasibility of the current hearing schedule given the ongoing setbacks, citing several delays that they asserted were “not attributable to them.”
These supposed delays include:
- A one-month delay in receiving requested materials, which were submitted on April 15 but were only received on May 16.
- The provision of “critical supporting materials” was only transmitted as recently as July 7.
Crucially, the defense notes that “key items” they have requested remain outstanding more than a month after their initial request.
Kaufman warned the court that without immediate intervention, similar setbacks are “likely,” emphasizing that these issues are “seriously hindering case preparation.”
The defense’s urgent plea suggests growing concern over the timeline and fairness of the pre-trial proceedings.
Meanwhile, the requested status conference will likely involve discussions among the defense, prosecution, and the Pre-Trial Chamber to determine the best course of action to ensure a timely and equitable process for the confirmation of charges.
Photo courtesy of ICC website
FORMER President Rodrigo Duterte’s lead counsel, Nicholas Kaufman, strongly denied claims that the ex-chief executive destroyed or ordered the destruction of evidence related to the controversial “drug war.”
Speaking in an interview at The Hague on July 3, 2025, Kaufman stated, “What I do know is that my client, Mr. Duterte, had nothing to do with destroying any evidence.”
This statement comes after Justice Secretary Boying Remulla indicated that the Philippine government would allow the International Criminal Court (ICC) to take over drug war cases, citing the absence or destruction of evidence.
Kaufman, however, maintained that destroying evidence is a criminal offense and asserted that such actions were neither requested by nor carried out on behalf of the former president.
He further expressed his disbelief that any evidence had actually been destroyed.
Despite the ongoing legal complexities, Kaufman also noted that the former president is in good spirits.
THE COURT has granted the defense’s motion to file a reply in their ongoing challenge to the ICC’s jurisdiction to try former President Rodrigo Duterte for crimes against humanity.
The order, issued recently, directs the defense team to submit a 10-page reply.
This submission is specifically limited to addressing two key arguments previously raised by the Prosecution in response to the Defense’s challenge. The deadline for this filing is set for no later than July 2, 2025.
This decision allows the Defense a further opportunity to present their arguments and counter the Prosecution’s points on the critical issue of the ICC’s authority over the former president’s case.
Meanwhile, the challenge to jurisdiction remains a central aspect of Duterte’s legal strategy before the international tribunal.
LAWYER Nicholas Kaufman, legal counsel for former Philippine President Rodrigo Duterte, called on the Filipino public to “respect the judicial process” concerning his client’s case before the International Criminal Court (ICC).
Kaufman also addressed recent allegations of witness intimidation and judicial interference, firmly denying them and vowing to investigate claims of sponsored witnesses.
In a statement when asked about his message to the Filipino people regarding the ICC proceedings on Monday, June 30, 2025, Kaufman emphasized, “Respect the judicial process. A lot of gossip, a lot of allegations have been made, especially by people like Attorney Kristina Conti, that the supporters of former president Duterte are threatening witnesses, trolling judges. That is simply not true. Just respect the judicial process.”
Kaufman’s remarks come amidst heightened scrutiny and public discourse surrounding the ICC’s jurisdiction over Duterte, who is currently detained in The Hague on charges of crimes against humanity.
Atty. Kristina Conti, who represents some of the victims in the drug war, has previously voiced concerns about potential interference with witnesses should Duterte be granted interim release.
Responding to reports that the Department of Justice (DOJ) might be “sponsoring” witnesses to testify against the former president at The Hague, Kaufman expressed a need for further inquiry.
“Sponsoring witnesses to collaborate? Or encouraging witnesses to cooperate? I don’t know,” he said.
He further added, “Will investigate that matter and if it’s true, we will cross-examine those witnesses in court and these allegations will be put to them.”
The ICC’s pre-trial chamber is currently handling the case against the former president, with a confirmation of charges hearing provisionally scheduled for Sept. 23, 2025.
The legal proceedings continue to draw significant attention both in the Philippines and internationally.
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