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Nicholas Kaufman asks judges to not give weight to the witnesses as he questions their restricted immunity
THE HAGUE, Netherlands – Rodrigo Duterte’s protection counsel Nicholas Kaufman on Thursday, February 26, requested the judges of the Worldwide Felony Courtroom (ICC) to not give weight to the testimony of self-confessed loss of life squad hitmen.
It grew to become very apparent on Day 3 of the affirmation of expenses listening to that the ICC prosecution had certainly given the insider witnesses restricted immunity. Restricted immunity protects the witness from prosecution of the crimes he admitted to doing, however not from different prosecution, like for perjury.
“I’d ask the Chamber to seek out the statements of these witnesses afforded such restricted use to be of negligible evidentiary weight,” mentioned Kaufman.
Whereas the identities of the witnesses are nonetheless secret, Kaufman gave away figuring out particulars, such that we all know they’re members of the Davao Dying Squad. Rappler reported in 2021 that one of many self-confessed loss of life squad hitmen, Arturo Lascañas, had been given restricted immunity. We’ve additionally reported that one other hitman, Edgar Matobato, had given a sworn statement to the ICC after fleeing the nation.
Lascañas and Matobato first went public in 2017, in separate Senate inquiries, however each of these inquiries had been closed with out additional motion. Each went into hiding after. Kaufman mentioned the witnesses had been “supplied as much as the prosecution on a silver platter, and I can’t say by whom in open session.”
With out saying who the witnesses are, Kaufman mentioned they “have been rehoused and given safety at appreciable expense to the state events funding this court docket.”
Article 54.3 of the Rome Statute empowers the prosecutor to “enter into such agreements, not inconsistent with this Statute, as could also be essential to facilitate the cooperation of a State, intergovernmental group or individual.” Kaufman centered on the clause “not inconsistent with this Statute.”
“To provide a get-out-of-jail card, nonetheless, to an entire bunch of murderers with a view to repair legal responsibility to a different, albeit pre-selected, particular person…is, in my view, completely and wholly inconsistent with the article and function of the Rome Statute,” mentioned Kaufman.
Matobato and Lascañas have ‘modified’
Kristina Conti, an ICC-accredited assistant to counsel serving to victims, mentioned she acknowledges this “prosecutorial technique” in the identical method that she mentioned killers should even be investigated again house.
“[The prosecution] has chosen, with purpose, to go solely after essentially the most accountable. There can be points if these persons are dealing with expenses within the Philippines. We don’t know who the witnesses are and their conditions. Hopefully, the Philippine authorities additionally sees that to finish the image, to finish justice for all. If these individuals killed people within the Philippines, they need to even be topics of the investigation,” mentioned Conti.
Priest Albert Alejo, who’s amongst members of the Church who helped victims and witnesses, mentioned he believes that Matobato and Lascañas have already repented.
“Dahil nakita ko, totoo ‘yung pagbabago nila Edgar Matobato. Totoo ‘yung pagbabago ni Arturo Lascañas…. Ngayon, ako, alalay lang. So, meron akong mission, at ‘yung iba, tumutulong sa aking mission. Itong mga taong ito, mayroon ding mission at alalay ako. Tinawag ako para umalalay sa mga taong could mission na nagbagong-loob,” mentioned Alejo, who watched the listening to from the general public gallery at The Hague on Thursday.
(As a result of I noticed that Edgar Matobato really modified. Arturo Lascañas really modified. I simply assisted. So, I’ve a mission, and others helped me with my mission. However these individuals even have missions. I’ve been referred to as to help individuals who have a mission to alter.)
Kaufman criticized the prosecution’s restricted immunity, saying that it appeared now to be a blanket safety.
“Though Mr. [Julian] Nicholls will undoubtedly inform you that these agreements of restricted use are to not be understood because the grant of immunity from prosecution, for all intents and functions, they’re, and I’m ready to wager that we are going to not see even one, not certainly one of these incriminating witnesses in a dock at this court docket nor in a dock at any court docket wherever on this planet,” mentioned Kaufman. Nicholls is likely one of the prosecution’s trial legal professionals.
“I don’t suppose that I’d be alone both in believing that there’s something morally repugnant and even questionable from a public coverage standpoint to protect not just one however quite a few murderers from prosecution on the ICC simply in an try to nail Rodrigo Duterte,” mentioned Kaufman.
Kaufman ended his presentation on this be aware, however earlier than the ICC judges may shut the session, Nicholls requested for a closed session. We may see Nicholls saying one thing, after which Choose Iulia Antoanella Motoc addressed Kaufman. Kaufman answered again. This change was temporary, and the session was closed for the day.
Kaufman had earlier petitioned the pre-trial chamber to disclose the identities of witnesses, however his request was denied. – Rappler.com
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