Lawyers for former President Rodrigo Duterte have asked the International Criminal Court (ICC) to allow 108 additional items to be included in the evidence list for his upcoming confirmation of charges hearing.
In a six-page filing submitted Wednesday to the ICC Pre-Trial Chamber and made public a day later, defense counsel Nicholas Kaufman argued that the new materials are crucial to properly address the accusations against Duterte.
“Having reviewed said items against the evidence already available in the case record, the Defence has identified the Additional Items as highly relevant to the charges and necessary for any meaningful submissions by the Defence at the hearing on the confirmation of charges,” the document stated.
Duterte, who is currently detained, faces crimes against humanity charges linked to his administration’s anti-drug campaign. His confirmation of charges hearing is scheduled to begin on February 23.
This marks the second time the defense has sought to expand the evidence list. An earlier motion filed on February 6 requested the inclusion of 78 items, which was approved after both the prosecution and defense agreed not to oppose each other’s requests. At that time, the prosecution also moved to add two items.
In the latest filing, Kaufman said there is “good cause” to grant the request, noting that six of the proposed items were obtained only after the first motion was submitted. The remainder consists of previously disclosed materials or transcripts that have become essential following the assimilation of the new items.
The defense maintained that admitting the additional evidence would not prejudice any party, pointing out that most of the materials originated from the prosecution and many are transcripts or translations that could be shortened.
“In light of the Prosecution’s confirmation that it does not oppose the addition of these Items, their inclusion would occasion no prejudice to the Prosecution, whereas their non-addition would cause significant prejudice to Mr. Duterte,” the document stated.
As of press time, the ICC has not yet issued a ruling on the defense’s latest request.