By Lane Afable, News Editor
Former President Rodrigo Duterte’s trial will begin on November 30, the International Criminal Court’s Trial Chamber III said on Wednesday during its first status conference hearing, where it tackled parameter concerns of the prosecution, defense and victims’ panels.
After a 5-hour discussion, the Chamber acceded to the Prosecution’s push to start trial by the end of November, and ordered prosecutors to submit the final list of evidence and witnesses by August 31st to comply with the Defense panel’s request to have at least three months to scrutinize these submissions.
“We are prepared to accede to the Prosecution’s application of the 30th of November as the start of trial,” Trial Chamber III Presiding Judge Joanna Korner said during the third session of the first status conference on Wednesday.
“The trial will run on a daily basis until the judicial recess or thereabouts,” said ICC Trial Chamber III presiding judge Joanna Korner.
“We have to wait for the report on the accused if they find him fit to stand trial,” she said, referring to Duterte.
The Chamber had ordered a re-examination of Duterte’s fitness to stand trial at the request of the former President’s lawyers, noting that the same set of ICC-accredited medical experts would conduct the fresh set of tests.
The Chamber initially wants to hold a 5-day trial, with a one day midweek break for Duterte.
The court hopes to tackle administrative cases on the day that the accused is not required to appear before the court as the trial needs to take a pause during the ICC’s Christmas recess, which usually takes place from mid-December to early January.
“These three experts examined him for the purposes of the confirmation proceedings, therefore they do not have to go back to all the background,” Korner said.
“I’d rather wait and see all the reports before we make the decision. I only hope they can carry out the assessment with some speed,” she said.
Under the Rome Statue, Duterte is not allowed to waive his appearance during his trial, despite his camp’s insistence that they do not recognize the ICC’s jurisdiction on his case.
The 81-year old ex-president legal counsels have also repeatedly sought for an interim release, citing his ailments and cognitive impairments due to his advance age.
“Efficiency and effectiveness are dependent on actions taken by all parties in the trial… It depends on all of them cooperating procedurally,” Korner said.
“Such cooperation does not affect the fairness of the trial… nor does it encroach on the rights of the accused,” she said.
Under the court’s current schedule, the Trial Chamber 3 will reconvene for two more status conferences on June 23 and on July 15.
The Prosecution must submit its trial brief — which contains a summary of the witnesses it intends to present and the topics that would be discusses — on August 31, while the Victims Common Legal Representatives are expected to turn in their trial brief on September 28.
The Defense panel will also submit similar documents on October 30 or a month before the trial begins.
“Any evidence disclosed or added after that date is strongly discouraged and will be subject for the chamber’s authorization… with explanation for the cause of the delay,” Korner said.
“Review your evidence so we can avoid having repetitive or irrelevant matters,” she said.
The presiding judge earlier flagged the Prosecution’s plan to submit 197 speeches on top of the “60 to 70 witnesses” the panel wishes to present.
“197 speeches seems to me on the face of it… too much particularly if they all say the same thing. I think you need to consider fairly carefully if you need 197,” Korner said.
“What I am anxious to avoid is the wholesale dumping of documents and videos… that do not seem to help the chamber much,” she said.
Duterte’s new lead defense counsel Peter Haynes did not raise numerous objections, but underscored that victims’ expectations for potential reparations should be managed well even before the trial begins.
“We hope there will be some Careful analysis if they fall in this ambit… because it is doing victims no favors to allow thousands and thousands of them to believe they might receive compensation at the end of the day when it is unlikely even at this stage,” he said.
With the announcement of the start of the trial, the Registry is also asked by the Chamber to ensure that they would at least have an interpreter for the opening statements to be given on November 30.
“We very much also urge the Registry to make the necessary arrangements so that for the opening statements at the end of November there can be interpretation even if there isn’t a sufficient pool of interpreters…I think it’s important that the opening statements can be understood by the those in the Philippines,” Korner said.
Earlier in the status conference, all camps agreed that it is crucial to have the proceedings streamed with t
