On eve of pre-trial, Duterte counsel raises points vs victims’ legal professionals, censored case data

Selections and pleadings fly via the dockets of the ICC on Friday, February 20, earlier than the courtroom closes for the weekend

THE HAGUE, Netherlands – There are last-minute authorized tussles on the eve of the pre-trial listening to of former Philippine president Rodrigo Duterte, with the protection eager to disqualify the victims’ legal professionals and wanting extra info uncensored for the upcoming periods.

Each requests by Duterte’s lead protection counsel Nicholas Kaufman have been denied, among the many many selections issued by the pre-trial chamber of the Worldwide Prison Courtroom (ICC) on Friday, January 20, earlier than the courtroom closed for the weekend.

Kaufman had wished the courtroom to order the prosecution to publicize extra details about the fees, even claiming that some identities of the witnesses are “not a secret within the Philippines.” Kaufman additionally wished the courtroom to order the prosecution to declare that it will probably make sure that insider witnesses will probably be current ought to the case transfer to trial.

The pre-trial chamber denied the request, saying that whereas transparency is a core precept within the ICC, it nonetheless wished to guard the “integrity of the proceedings and the protection of these concerned,” based on the choice.

However it’s the opposite determination that Kaufman is just not giving up on. The pre-trial chamber additionally denied on Friday his request to disqualify Philippine human rights legal professionals Joel Butuyan, Gilbert Andres, and their case supervisor Nicolene Arcaina as court-appointed frequent authorized representatives for victims (CLRVs).

Earlier than the courtroom closed on Friday, Kaufman managed to file a request for depart to enchantment the choice — in layman’s phrases, to request the permission of the courtroom to enchantment the denial.

Disqualification request

The disqualification request roots from Kaufman’s declare that there’s an obstacle to illustration on the a part of the three legal professionals. Below the ICC’s code of conduct for counsels, legal professionals could be disqualified from a case if there have been “impediments” to them successfully representing their purchasers — on this case, the victims.

The pleadings and determination are closely redacted, solely suggesting that the obstacle has to do with Arcaina, the chief director of the Ateneo Human Rights Heart, and a former lawyer with Butuyan and Andres within the Heart for Worldwide Legislation (CenterLaw). CenterLaw represented many drug battle victims in native instances within the Philippines, in addition to challenged the constitutionality of the drug battle within the Supreme Courtroom. (That case continues to be pending.)

When the ICC denied Kaufman’s request, it mentioned the foundations below the code can not apply to Arcaina as a result of she is just not a counsel or an affiliate counsel, however a case supervisor. The choice additionally pointed to the third paragraph of Article 12, which may imply that the disqualification request refers back to the third “obstacle” or the clause that prohibits a counsel’s participation the place “there’s a substantial chance that counsel or an affiliate of counsel will probably be referred to as to look as a witness.”

Rappler has reached out to Butuyan and Andres for his or her statements.

“I’m not entitled to disclose to you the character of the obstacle to illustration due to varied authorized issues,” Kaufman advised Rappler in an interview on Friday right here.

In his last-minute depart request, Kaufman mentioned he wouldn’t oppose Butuyan and Andres showing subsequent week for the victims because it’s too near the date of the hearings.

In earlier pleadings, Butuyan and Andres mentioned there have been no impediments to Arcaina’s function as case supervisor, and that each of them are “aware of the context of the alleged crimes, competent to signify victims earlier than the Courtroom, retain a discipline presence and proximity to victims, and are keen to work with some other authorized consultant.”

The affirmation of prices listening to will happen with out Duterte’s look beginning on Monday, February 23, and can final for 4 days till February 27. There won’t be a listening to on February 25. – Rappler.com