ICC prosecutor opposes bid to refile charges vs. Rodrigo Duterte

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The prosecution in the crimes against humanity case of former president Rodrigo Duterte has asked the International Criminal Court (ICC) Trial Chamber III to dismiss the defense's motion to refile the charges against him.

In August, Duterte's legal team argued that his right to be informed of the details of the cases filed against him were violated. The defense asked the chamber to order the Prosecution to refile a document with the charges containing the defined scope.

However, Acting Prosecutor Mame Mandiaye Niang said the charges against Duterte were already confirmed by the Pre-Trial Chamber and determined that the charges were adequate.

"Questions as to the form of charges are a matter for confirmation proceedings, not trial. The Defence fully participated in the substantive proceedings to confirm the charges, up to and including seeking leave (unsuccessfully) to appeal the Pre-Trial Chamber's confirmation decision on the issue of the form of the charges," Niang wrote in the Prosecution's response dated September 10.

"In any event, the substantive challenges to the confirmed charges are without merit," he added.

Niang also said the notice to the defendant has various means—including the pre-trial filings. Any potential defect, he said, can be cured during the proceedings.

The common legal representative of victims (CLRVs) also objected to the defense team's petition.

In a response dated September 10, the CLRV said the defense has already raised the same arguments during the pre-trial stage. The defense should not be allowed to raise the same concerns again as a matter of "form."

"The charges have been confirmed; Mr Duterte has been committed to trial on the charges as confirmed; and the Defence has already unsuccessfully sought leave to challenge the manner in which the Pre-Trial Chamber delineated their scope," the CLRV wrote.

The CLRV's response was jointly signed by ICC lawyers Gilbert Andres, Joel Butuyan and Paolina Massidda.

The ICC confirmed the charges against Duterte in April. His trial at the ICC is scheduled to begin on November 30. — VDV, GMA News