ICC Holds Status Conference on FPRRD Case 

Photo via ICC

The International Criminal Court (I.C.C.) Trial Chamber III expects former President Rodrigo Roa Duterte to personally attend the Sept. 7 status conference in his crimes against humanity case. 

Presiding Judge Joanna Korner said Mr. Duterte was excused from the recent hearing only because it was brief, and his attendance will be expected in future proceedings unless prevented by medical reasons.

“Again Mr. Haynes, we’ve excused your client’s attendance today but as I think we made clear, it’s only because it’s a relatively short hearing,” Judge Korner told defense lawyer Peter Haynes.

Meanwhile, Atty. Haynes recognized the Chamber’s expectation that Mr. Duterte would attend in future proceedings, “I was going to observe of course that the movement of a detainee from the detention unit to the court is an unsettling experience even for the sturdiest of clients. But he’s fully aware that you will expect to see him sooner rather than later.” 

Chamber Sets Conference Dates Ahead

Towards the end of the hearing, the chamber set the tentative dates for the next status conference on July 14, followed by three additional meetings on September 7, October 13 and November 2, leading up to the trial set on November 30.

Judge Korner noted that the scheduled conferences could be canceled if there were no issues needed to be discussed, “These are all dates that we put into the calendar but if it turns out there’s no need for anything to be discussed then we may vacate them. But otherwise it’s 7th of September, 13th of October and then the 2nd of November.”

The Sept. 7 conference is considered significant as it would occur after the Chamber has received the key submissions, including the prosecution’s trial brief and expert medical report on Mr. Duterte’s health. 

“I rather feel the one on the 7th of September because by the time we’ve had the reports is likely to be an important one and for that certainly Mr. Haynes we would expect Mr. Duterte to be here unless there’s some medical issue,” Judge Korner said.

Court Approves One Week Extension

According to the schedule discussed at Tuesday’s hearing, June 23, the medical expert’s report on Mr. Duterte’s assessment is due on August 18, followed by the Registry’s submission on August 24.

The parties and participants were initially directed to submit their observations by August 31. However, prosecutors requested a one-week extension due to pre-trial obligations and a heavy workload.

Prosecutor Julian Nichols told the chamber that the prosecution would also have to submit its trial brief, witness list, evidence list and complete disclosure requirements by August 31.

“What we’re asking for is one more week to file our observations,” Prosecutor Nichols said.

On the other hand, the defense and the victims’ legal representatives raised no objections.

Judge Korner granted the request, stating, “You can have the extra week.”

The Chamber further addressed organizational issues relating to the common legal representatives of victims, approved arrangements for the handling of confidential information, and the prosecution’s request to expand the page limit of its trial brief from 120 to 160 pages.

Korner calls for fair reporting

Before adjourning, Judge Korner issued a reminder on public commentary surrounding the case, noting the significant media attention it has received, “This case has attracted, not surprisingly, a substantial amount of media interest in the Philippines in particular,” 

She requested lawyers and the media to avoid public speculation and unnecessary comments about the case, emphasizing that legal issues should be addressed in court rather than in the “court of public opinion.”

Judge Korner also stressed “the need for the media to report to the public accurately and fairly what is said in court and above all to avoid speculation.” She also reminded journalists that “anything which is said in private session may not be reported.”

Mr. Duterte faces three counts of crimes against humanity for murder and attempted murder linked to killings associated with his anti-drug campaign from 2011–2019.