By Benjamin Cuaresma
MANILA — Judges of the International Criminal Court have authorized prosecutors to examine selected materials collected during the arrest and transfer of former president Rodrigo Duterte, while refusing a separate request to inspect keys seized when he was taken into custody.
In a redacted ruling released on Friday, the ICC’s Trial Chamber approved access to two undisclosed items held by the court’s Registry, concluding that the materials could be relevant to the prosecution’s continuing investigation and preparation for trial.
The chamber, however, ruled that prosecutors failed to justify why the confiscated keys should also be examined. The judges said the prosecution did not establish what the keys were connected to or explain how they could contribute evidence relevant to the case.
The court likewise considered arguments raised by Duterte’s defense, which maintained that the keys might belong to members of the former president’s family and that examining them could unnecessarily intrude on the privacy of third parties.
After weighing both sides, the chamber concluded that allowing access to the keys would be neither necessary nor proportionate, effectively denying that portion of the prosecution’s request.
The latest ruling comes as ICC prosecutors continue strengthening their case against Duterte, who is facing charges of crimes against humanity over alleged killings linked to his anti-illegal drug campaign and his period as mayor of Davao City.
Earlier filings before the court showed that the prosecution has already submitted a provisional witness list using pseudonyms to protect the identities of those expected to testify. Prosecutors indicated that additional witnesses may still be added as investigations continue.
According to Deputy Prosecutor Mame Mandiaye Niang, the final roster of witnesses, together with summaries of their expected testimony, is scheduled to be filed by August 31.
The prosecution previously disclosed that it may rely on testimony from approximately 60 to 70 witnesses, including insiders, witnesses directly linked to alleged crimes, and individuals expected to provide broader context surrounding the case. Around 25 to 30 witnesses are expected to appear personally before the tribunal, while others may testify through previously recorded statements or video links, subject to court approval.
Prosecutors estimate that presenting their evidence and conducting direct examinations will require roughly 175 to 200 hours.
Under the court’s timetable, Duterte’s trial is set to formally begin on November 30, when the charges will be read before Trial Chamber III.
Before then, prosecutors must complete the submission of their trial brief, witness list, and documentary evidence by the end of August. Lawyers representing victims have until late September to file their own trial brief, while Duterte’s defense team has until October 30 to outline the legal and factual issues they intend to contest and present the framework of their defense.
The proceedings are expected to unfold in three stages: presentation of the prosecution’s evidence, participation of victims’ legal representatives if authorized by the court, and presentation of the defense’s case.
The next status conference before the ICC has been scheduled for July 14.
ia/xf
