Duterte team seeks time to get ‘complete’ info for ICC interim release bid
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Duterte team seeks time to get ‘complete’ info for ICC interim release bid
MANILA — Former President Rodrigo Duterte's lawyers have filed an urgent request with the Pre-Trial Chamber to hold off on deciding on his bid for temporary release, saying it is still waiting for documents and information to support the application.
MANILA — Former President Rodrigo Duterte's lawyers have filed an urgent request with the Pre-Trial Chamber to hold off on deciding on his bid for temporary release, saying it is still waiting for documents and information to support the application.
The request, submitted on July 18, highlights difficulties in getting vital materials and approvals that the defense said it needs.
The request, submitted on July 18, highlights difficulties in getting vital materials and approvals that the defense said it needs.
Lawyer Nicholas Kaufman and the defense team said they have been attempting to acquire certain information from an undisclosed source and get permission for an independent assessment related to the case.
Lawyer Nicholas Kaufman and the defense team said they have been attempting to acquire certain information from an undisclosed source and get permission for an independent assessment related to the case.
They said their efforts have been "slow-walked and stymied" despite numerous communications and that the Pre-Trial Chamber should have all the information before making its initial and "crucial determination" on interim release.
They said their efforts have been "slow-walked and stymied" despite numerous communications and that the Pre-Trial Chamber should have all the information before making its initial and "crucial determination" on interim release.
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A key point raised by the defense is a report that still needs to be completed after their expert was "temporarily" prevented from conducting its own assessment.
A key point raised by the defense is a report that still needs to be completed after their expert was "temporarily" prevented from conducting its own assessment.
They said this leaves them unable to properly challenge a prosecution claim that they describe as incomplete and prejudicial.
They said this leaves them unable to properly challenge a prosecution claim that they describe as incomplete and prejudicial.
The defense is also urging the Chamber to order, or strongly encourage, the urgent performance of these assessments.
The defense is also urging the Chamber to order, or strongly encourage, the urgent performance of these assessments.
They noted that chambers are "typically encouraged" to decide on such applications within 30 days. Duterte's was filed on June 12.
They noted that chambers are "typically encouraged" to decide on such applications within 30 days. Duterte's was filed on June 12.
Duterte is in ICC custody for the alleged crime against humanity of murder for his administration's war on drugs, where the government has acknowledged the deaths of more than 7,000 supposed drug personalities.
Duterte is in ICC custody for the alleged crime against humanity of murder for his administration's war on drugs, where the government has acknowledged the deaths of more than 7,000 supposed drug personalities.
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Authorities during his presidency had routinely said those killed in operations had violently resisted arrest, giving law enforcement no option but to kill them.
Authorities during his presidency had routinely said those killed in operations had violently resisted arrest, giving law enforcement no option but to kill them.
PROSECUTION: DEFENSE FILED REQUEST FOR RELEASE DESPITE LACK OF INFORMATION
The prosecution has formally requested the Pre-Trial Chamber to reject the plea, saying the defense chose to file its urgent application for interim release fully aware that certain submitted information was incomplete.
The prosecution has formally requested the Pre-Trial Chamber to reject the plea, saying the defense chose to file its urgent application for interim release fully aware that certain submitted information was incomplete.
"The Defense should not be permitted to suspend issuance of the decision on the basis that that it may, at some unknown point in the future, attempt to supplement its submission," it said.
"The Defense should not be permitted to suspend issuance of the decision on the basis that that it may, at some unknown point in the future, attempt to supplement its submission," it said.
The prosecution also refutes the defense's claim that it "mischaracterized" the existing information as incomplete, saying this was stated in the document itself and had been confirmed by the Chamber.
The prosecution also refutes the defense's claim that it "mischaracterized" the existing information as incomplete, saying this was stated in the document itself and had been confirmed by the Chamber.
"The fact that the Defense finds itself in the situation where it is unable to substantiate assertions made in its own, urgent motion, is entirely due to the Defense's choice to file prematurely, The Defense has not been 'prejudiced'," it also said.
"The fact that the Defense finds itself in the situation where it is unable to substantiate assertions made in its own, urgent motion, is entirely due to the Defense's choice to file prematurely, The Defense has not been 'prejudiced'," it also said.
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Prosecution also said it was "speculative" to say that the missing information would have "vital" details relevant to the interim release request.
Prosecution also said it was "speculative" to say that the missing information would have "vital" details relevant to the interim release request.
They also said that Duterte will still have the opportunity to renew his application in the future, should new circumstances or information arise.
They also said that Duterte will still have the opportunity to renew his application in the future, should new circumstances or information arise.
VP DUTERTE HOPEFUL FOR RELEASE, JUNKING OF ICC CASE
Vice President Sara Duterte, who is in The Hague in the Netherlands, said she is hopeful her father will be granted interim release and that his ICC case will be dismissed.
Vice President Sara Duterte, who is in The Hague in the Netherlands, said she is hopeful her father will be granted interim release and that his ICC case will be dismissed.
She made the statement when asked whether the patriarch of the Duterte clan is expected to return to the Philippines any time soon
She made the statement when asked whether the patriarch of the Duterte clan is expected to return to the Philippines any time soon
“Paano ko ba sagutin yan ha? Siguro let's take it one day at a time. Sa ngayon, ang inaantay natin ay sana ma-dismiss ang kaso based on the filings sa jurisdiction at in the meantime, mabigyan din siya ng interim release habang nagtatalo yung mga abogado at prosecutor diyan sa loob ng korte."
“Paano ko ba sagutin yan ha? Siguro let's take it one day at a time. Sa ngayon, ang inaantay natin ay sana ma-dismiss ang kaso based on the filings sa jurisdiction at in the meantime, mabigyan din siya ng interim release habang nagtatalo yung mga abogado at prosecutor diyan sa loob ng korte."
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(How do I answer that? Let's just take it one day at a time. For now, we are waiting for the case to be dismissed based on the filings on jurisdiction and that he be granted interim release while the defense and prosecutors argue the case in court)
(How do I answer that? Let's just take it one day at a time. For now, we are waiting for the case to be dismissed based on the filings on jurisdiction and that he be granted interim release while the defense and prosecutors argue the case in court)
She said neither she nor her father's lawyers can give a "definitive timeline" on his release or what the chances are of him going back to Davao City, where he was elected mayor in May.
She said neither she nor her father's lawyers can give a "definitive timeline" on his release or what the chances are of him going back to Davao City, where he was elected mayor in May.
Vice President Duterte said he has also asked Kaufman to make himself available to Philippine media to answer questions. — with Harlene Delgado, ABS-CBN News
Vice President Duterte said he has also asked Kaufman to make himself available to Philippine media to answer questions. — with Harlene Delgado, ABS-CBN News
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