ICC Allows Examination Of Some Items Seized From Duterte

Trial judges of the International Criminal Court (ICC) have allowed the prosecution to examine some of the items seized from former president Rodrigo Duterte when he was arrested and turned over to the international tribunal last year.

In a six-page decision dated June 22 and released on Friday, July 3, the ICC Trial Chamber III said there are reasonable grounds to believe that the examination of the materials that were in the possession of Duterte at the time of his arrest “would produce evidence that is necessary for the investigation.”

No details were released as to what items were covered in the request.

In their ruling, the judges noted that the defense did not disagree with the requested access to the said materials. 

It also cited the prosecution’s commitment to treat as confidential any personal information that may be accessed in the said items.

“The Chamber therefore finds that such examination is necessary and proportionate to the legitimate investigative needs,” the decision read.

The judges, however, rejected the prosecution’s request to examine the keys taken from Duterte following arrest.

They noted the prosecution’s failure to “specify to what items the keys relate to, nor how such items may provide evidence that are necessary for the investigation.”

“The Chamber further notes the Defense’s arguments that the Keys were ‘seized while he was travelling with members of his family’, and it is therefore ‘entirely possible that the keys provide access to material belonging to, or concerning, his relatives, such that their examination would intrude upon the privacy rights of third parties,’” added the decision.

Defense counsel Peter Haynes earlier described the request to inspect the keys as a “fishing expedition,” saying the prosecution failed to advance any evidential basis connecting the keys either to the commission or furtherance of the alleged crimes.

Meanwhile, the ICC also released a public redacted version of the Trial Chamber III decision on the money seized from Duterte at the time of his arrest.

“The Chamber notes that it is necessary to ensure that the money in question is not subject to devaluation,” read the public redacted version of the May 28 decision.

“This is because, should the Accused ultimately be convicted of the alleged crimes, that money is to be available for the purpose of eventual forfeiture and the award of reparations to victims,” it added.

Duterte’s crimes against humanity trial is set to begin on Nov. 30.