Kaufman hasn’t ‘gained’ Duterte’s ICC case; judges’ deliberations ongoing

Judges have 60 days from February 27 to determine whether or not there may be adequate proof to substantiate the fees in opposition to Duterte and proceed to trial

Declare: Nicholas Kaufman, protection counsel of former president Rodrigo Duterte, has efficiently defended Duterte and secured a victory in his crimes in opposition to humanity case on the Worldwide Legal Courtroom (ICC).

Score: FALSE

Why we fact-checked this: A Fb put up by the web page “PrimeTime Celebs,” uploaded on March 6, claimed that the ICC affirmation of costs listening to had ended with Kaufman impressing the judges, elevating the potential of dismissal inside 60 days.

The put up acknowledged: “Natapos na ang huling sesyon ng affirmation of costs listening to sa ICC. Sa gitna ng tensyon, umani ng papuri si Atty. Nick Kaufman, ang lead counsel ni FPRRD, dahil sa kanyang matalinong pag-atake sa mga ebidensya ng prosekusyon na nagbibigay ng pag-asa na maaaring mabasura ang kaso.” 

(The ultimate session of the ICC affirmation of costs listening to has ended. Amid the strain, Atty. Nick Kaufman, FPRRD’s lead counsel, earned reward for his clever assault on the prosecution’s proof, elevating hope that the case may be dismissed.)

The put up additionally featured a picture of Kaufman, Duterte, and the judges of ICC Pre-trial Chamber I. Textual content overlaid on it reads, “Sa wakas panalo si Kaufman. Newest replace sa ICC at sa napipintong desisyon kay FPRRD.”

(Kaufman lastly gained. Newest replace on the ICC and the upcoming choice on [former president Rodrigo Roa Duterte].)

As of writing, the put up has garnered 14,000 reactions, 14,000 likes, 2,000 feedback, and 504 shares.

The details: Kaufman has not “gained” the case, because the ICC judges haven’t but launched any ruling on Duterte’s crimes in opposition to humanity case.

Duterte’s affirmation of costs listening to was held on February 23, 24, 26, and 27. With the conclusion of the pre-trial listening to on February 27, the ICC judges have 60 days to determine if there are “substantial grounds to imagine” the suspect dedicated the alleged crimes. A affirmation sends the case to trial; in any other case, costs could also be dismissed.  

As of writing, the case continues to be beneath deliberation by the ICC Pre-Trial Chamber and the judges haven’t but issued their written choice on the case. 

Kaufman’s protection: Throughout the pre-trial, prosecutors detailed Duterte’s alleged orchestration of extrajudicial killings, citing witness testimonies and the previous president’s public statements that inspired violence. (READ: ICC prosecution assured Duterte case will transfer to trial)

Kaufman, in the meantime, attacked the prosecution’s proof on a number of fronts.

He argued that there isn’t any direct causal hyperlink between Duterte’s speeches and the killings, saying it isn’t sufficient to indicate that Duterte “stated outrageous issues” and that deaths occurred. 

He additionally attacked the prosecution’s key insider witnesses, branding them “self-confessed ruthless criminals” whose credibility he likened to “a devalued peso.” 

Kaufman then challenged the prosecution’s use of the time period “neutralization” and “instilling concern,” calling them semantic overreach and arguing that these didn’t legally imply to kill. (READ: Highlights: Day 3 of Duterte’s pre-trial)

Duterte on the ICC: Duterte faces crimes in opposition to humanity costs for the killings beneath his administration’s anti-drug marketing campaign. He’s accused of turning his drug struggle into a scientific assault on civilians beneath a “coverage to kill” suspects. 

His newest enchantment for launch was rejected on March 6, with the Appeals Chamber unanimously citing the sooner ruling that retains him in custody whereas going through crimes in opposition to humanity costs. He’ll stay detained as judges spend the subsequent two months weighing whether or not the case ought to advance to trial. – Cyril Bocar/Rappler.com

Efren Cyril Bocar is a journalist from Llorente, Jap Samar who graduated with a level in English Language Research on the Visayas State College. Cyril can be a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024. 

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