At least three Facebook users are circulating a video claiming that the International Criminal Court (ICC) sabotaged Nicholas Kaufman, defense lawyer of former president Rodrigo Duterte, when the live broadcast of the confirmation of charges hearing was cut during his presentation last month. This needs context.
First published by an FB page on Feb. 26, the clip shows Kaufman presenting his oral arguments when the livestream was suddenly interrupted and the text “No Broadcast” appeared onscreen. The video featured a superimposed phrase that read:
“SABOTAHE??? NAGSASALITA SI ATTY. KAUFMAN BIGLA NAWALA SA BROADCAST
(Sabotage??? Atty. Kaufman was speaking when the broadcast suddenly disappeared).”
The misleading video was reposted the following day by two other FB users. One added the following overlaid words:
“Bias ba sa ICC? Bakit Pag Atty ni tatay DIGONG, pinapatuan (sic) ninyo ng linya
(Is ICC biased? Why is it that when the lawyer of Tatay Digong [is talking], you cut the line)!?”
The broadcast was interrupted at the 46:47 mark of the first session of the third day of hearing to redact information from Kaufman that could reveal the identities of witnesses and victims, and to prevent a closed session hearing.
This rule was reiterated by Pre-Trial Chamber I Presiding Judge Iulia Motoc before the start of the hearing later that day.
“The chamber wishes to recall an earlier ruling during which the chamber stressed that it is up to the parties and participants to ensure that their submissions are worded in such a way as to avoid going into closed session, thus ensuring the transparency of the proceedings and to avoid the disclosure of confidential information,” Motoc said.
She noted that on several occasions the defense identified victims and witnesses, which should not have been done to ensure their protection.
The measure is in accordance with Article 68 of the Rome Statute, which states that “The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses.”
The clip surfaced amid the four-day confirmation of charges hearing against Duterte, who is facing charges of crimes against humanity during his war on drugs when he was Davao City mayor and president. The hearings began Feb. 23 and concluded on Feb. 27.
The Pre-Trial Chamber I is expected to deliver its decision within 60 days, which will either confirm the charges and move the case to trial, decline the charges and terminate the proceedings, or adjourn the hearing and request further evidence from the Prosecutor.
As of writing, the clip published by FB page Kwento ng Bayan Ngayon (created June 4, 2023), had garnered 419,000 views; 4,500 reactions; 452 comments; and 677 shares. Other copies reposted by FB users collectively received 400,000 views; 6,224 reactions; 358 comments; and 815 shares.
