President Rodrigo Roa Duterte talks to the people after holding a meeting with the Inter-Agency Task Force on the Emerging Infectious Diseases (IATF-EID) core members at the Presidential Guest House in Panacan, Davao City on July 7, 2020. JOEY DALUMPINES/PRESIDENTIAL PHOTO

MANILA — The International Criminal Court (ICC) Prosecution has asked the court to deny former President Rodrigo Duterte’s request for permission to appeal the decision confirming charges linked to alleged killings during his time as Davao City mayor and as president.

In a report, it said that in a 12-page submission dated May 4, the Prosecution told Pre-Trial Chamber I that Duterte’s defense “misinterprets and expresses its mere disagreement” with the ruling and failed to raise any appealable issues.

“The Prosecution respectfully requests that Pre-Trial Chamber I reject the Defence’s request for leave to appeal the Decision on the confirmation of charges against Mr. Rodrigo Roa Duterte,” it said.

The Prosecution argued that the defense wrongly claimed the Chamber failed to define the scope of the charges, including the facts and circumstances underlying them and how these were demarcated.

It said this assertion misrepresents the ruling and does not constitute grounds for appeal.

According to the Prosecution, the Chamber properly identified the scope of the charges and explained its reasoning in reaching its conclusions. It added that the judges had even sought additional submissions from both parties and provided detailed findings.

“In fact, the Chamber solicited additional submissions from the parties on this issue, considered arguments in detail, and clearly articulated its findings with respect to the scope of the charges in the Decision,” it said.

The Prosecution also rejected the defense claim that the Chamber failed to present a sufficient evidentiary basis for confirming the charges.

It said the decision properly referenced witness accounts and other evidence, noting that only relevant materials were cited to explain the Court’s reasoning.

“This is consistent with the approach taken in recent confirmation decisions of this Court and in line with the purpose of confirmation proceedings more broadly, that is, to decide whether the case presented by the Prosecution is sufficiently established to warrant a trial,” it said.

The Prosecution added that there was no issue of fairness, as all evidence and arguments raised by the defense would still be addressed at the trial stage.

It also said the defense failed to show that immediate resolution of its arguments would materially advance the proceedings.

The filing also criticized the defense for public remarks questioning the legitimacy of the ICC.

It cited interviews where defense counsel allegedly described the court as a partisan political body and accused judges of issuing biased rulings to justify the institution’s budget.

“Defense Counsel participated in several media interviews in which he plainly stated that the Court is a partisan political body. He further stated that the Judges of the Court issue biased decisions motivated by their desire to generate work for themselves and justify the Court’s budget,” it said.

The Prosecution said these statements appear intended to “denigrate and undermine the legitimacy” of the Chamber’s decisions and noted that the defense lawyer had already been reminded twice to observe the Court’s code of conduct.

“Despite this, he continues to exhibit a pattern of deplorable conduct in relation to the public statements he makes about this case and the Judges of this Court,” it added.

It also said former Chief Presidential Legal Counsel Salvador Panelo echoed similar remarks in Philippine media.

In April, the ICC Presidency constituted the Trial Chamber that will hear Duterte’s case. The common legal representatives of victims have also opposed the former president’s request to appeal.

Leave a comment

Trending