ICC pre-trial chamber denies Duterte camp’s request to restrict victim identity documents

In a 20-page order issued on April 17, the ICC’s pre-trial chamber approved the Registry’s proposed list of documents that can be used to verify the identity of victims seeking to participate in the proceedings.

The chamber said the  ICCRegistry had sufficiently detailed each proposed document, including the issuing entity and sample formats, as proof of identity for victim applicants.

“This information, together with the procedure for admission of victims to participate in the proceedings adopted above, already ensures the ‘reliability of the identity verification process and significantly reduces the risk of fraud,” the chamber’s orders read.

The chamber also noted that the ICC Registry suggested accepting, in the absence of standard identification documents, a declaration signed by two witnesses along with their identification, confirming the applicant’s identity or their relationship to the victim.

However, the chamber agreed with the defense’s suggestion that if applicants rely on such witnessed declarations or other unapproved documents, the chamber will decide on their acceptance on a case-by-case basis after receiving the Registry’s evaluation and recommendations.

The ICC Registry, responsible for the court’s non-judicial administration and services, had previously submitted a list of 30 identification documents recommended for verifying the identity of victim applicants and those representing them.

It also pointed out that while the Philippines is working on a national ID system, there are delays in issuing the cards.

In response to the Registry’s proposal, Duterte’s defense lawyer, Nicholas Kaufman, argued that the Registry’s non-sequential list of IDs unfairly broadens the identification system established by the Philippine Social Security System.

He suggested that the pre-trial chamber should require the production of a national identity card or a passport with a current photo. Kaufman also argued that this will “streamline proceedings” and enforce “a more stringent approach.

RELATED: Duterte defense counsel asks ICC to limit victim admissions, require IDs

The case. The crimes against humanity case against Duterte involves at least 43 cases of killings attributed to the Davao Death Squad and police actions during his presidency.

These incidents reportedly occurred between Nov. 1, 2011, and March 16, 2019.

According to ICC Prosecutor Karim Khan, the prosecution will present at least 8,565 pages of written evidence against the former president.

The pre-trial chamber gave the prosecution until July 1 to submit all evidence against Duterte, which will be used in the confirmation of charges hearing scheduled for September 23. — Ian Laqui