The Appeals Chamber of the International Criminal Court (ICC) has ordered the defense team of former President Rodrigo Duterte, the Office of the Prosecutor, and the Office of Public Counsel for Victims (OPCV) to submit public redacted versions of their respective filings before the court.
In a five-page document dated October 27, Appeals Chamber Presiding Judge Luz del Carmen Ibáñez Carranza directed Duterte’s defense to file the public redacted version of its Appeal Brief on Interim Release no later than October 29.
The same order required the Prosecution and the OPCV to file their own public redacted versions—the Prosecution’s response to the defense appeal and the OPCV’s response on behalf of the victims—by October 31.
“Regulation 23bis(1) of the Regulations of the Court requires that, should a participant wish to file a document as ‘confidential’, the participant must ‘state the factual and legal basis for the chosen classification’. If there is no such basis, as document should be filed as ‘public’ or ‘public redacted’,” the Appeals Chamber stated.
The directive comes in response to the defense’s appeal after the ICC’s Pre-Trial Chamber denied Duterte’s application for interim release.
The confirmation proceedings were previously postponed on September 23 after Duterte’s legal team argued that the former president was unfit to stand trial due to medical reasons.
With the pre-trial chamber’s jurisdiction now affirmed, Duterte’s lawyers are still awaiting the ICC’s decision on their motion to suspend all legal proceedings against him.
Lead counsel Nicholas Kaufman earlier claimed that Duterte is suffering from cognitive decline, saying the former leader can no longer recall events, dates, or even members of his own family.
The ICC has appointed a panel of medical experts to evaluate Duterte’s condition, with their findings expected to be released within the month.