MANILA, Philippines — The trial of former president Rodrigo Duterte will start on Nov. 30, subject to a finding of his fitness to stand trial for crimes against humanity before the International Criminal Court (ICC).
“We are prepared to accede to the prosecution’s application of the 30th of November as the start of trial,” ICC Trial Chamber III Presiding Judge Joanna Korner said during the third session of the case’s first status conference on Wednesday night (Manila time).
“We have to wait for the report on the accused’s fitness, and they will specifically be asked to – if they find him fit to stand trial – about the proposed sitting. The chamber would obviously like to sit… five days a week. But we note the recommendations that were made for the confirmation hearing,” she added.
Korner initially deferred ruling on the start of the trial date pending a re-examination of Duterte’s fitness to stand trial. But she repeatedly told lawyers of the need for the trial to be conducted expeditiously, at one point even referencing Duterte’s age and health.
Defense counsel Peter Haynes earlier moved for another fitness review, noting that the previous determination made by the panel of independent medical experts only covered the confirmation proceedings.
“The finding of fitness is related to the confirmation proceedings, and the chamber is obliged to make a separate finding on that issue,” Korner said.
The judge directed the prosecution and the defense to agree on the letter of instruction for the medical experts, which will again be tapped to conduct assessment of the former president. She also directed the ICC Registry, which is in charge of the non-judicial administrative functions of the court, to immediately contact the experts to determine their availability.
“We very much also urge the Registry to make the necessary arrangements, so that for the opening statements at the end of November, there can be interpretation even if there isn’t a sufficient pool of interpreters of the witnesses,” the judge ruled.
“I think it’s important that opening statements can be understood by those in the Philippines,” she added.
As earlier indicated by the prosecution, the Nov. 30 opening of Duterte’s trial will be one of the fastest from the confirmation of charges in the history of the ICC. The defense earlier cited cases that took 14 to 19 months from confirmation before the start of trial.
Deadlines
The ICC Trial Chamber III will hold at least two more status conferences, currently set on June 23 and July 14, ahead of the trial.
Korner also set some deadlines for the parties for various submissions, including the prosecution’s provisional list of witnesses and evidence by June 29.
The prosecution was given until Aug. 31 to submit its final list of witnesses and evidence, as well as additional incidents it wants included in the case.
“Any evidence disclosed or to be added to the list of evidence after that date is strongly discouraged, and will be subject to the chambers’ authorization, good cause to be shown with a full explanation for the reason for the delay,” the judge ruled.
The prosecution earlier said that they expect to complete all of the necessary pre-trial steps by the end of September.
Meanwhile, the victims’ legal representatives were given until Sept. 28 to file their trial brief, while the defense has until Oct. 30 to submit its “indication of issues and defense.”
During the status conference, Haynes expressed readiness for the defense to proceed to trial, but he asked the court to give them at least three months from the provision of list of prosecution witnesses and evidence.
Expeditious process
Korner immediately set the tone for Duterte’s upcoming trial at the start of the status conference, the first to be conducted by the ICC Trial Chamber III constituted to handle the case.
“In respect of trials, efficiency and effectiveness is dependent on actions taken by all parties to a trial,” Korner said. She stressed that presentation of evidence “must take place in the shortest and clearest way” and reminded parties to avoid unnecessary and lengthy legal arguments.
At the end of the status conference, the judge also disclosed her previous professional ties with lawyers from the prosecution and the defense.
“The world and the pool of international criminal law lawyers and judges is a limited one. It is therefore probable that the judges and the counsel will have met before this case or during other cases or possibly at conferences or even social events,” she said.
“We are likely, almost certainly, to meet again at seminars and social functions… There will be no discussion whatsoever of this case between parties and the judges at any such functions and it had no impact on the way that this case will be conducted or any rulings that may be made by this chamber,” she added.
The trial chamber is composed of Korner and Judges Keebong Paek and Nicolas Guillou.