The International Criminal Court Trial Chamber III, which presides over the trial of former president Rodrigo Duterte, has rejected the request of Prosecution for the keys taken from him when he was arrested and brought to The Hague on March 12 last year, stating that access to them is “neither necessary nor proportionate.“
In its decision, the Chamber said that the Prosecution failed to state the relevance of the keys to the proceedings on the charge of crimes against humanity that Duterte is facing, noting that it did “not specify to what items the keys relate to, nor how such items may provide evidence that are necessary for the investigation.”
It took note of the arguments of the Defense that the keys were seized while Duterte was travelling with members of his family so “it is therefore entirely possible that the keys provide access to material belonging to, or concerning, his relatives, such that their examination would intrude upon the privacy rights of third parties’”
The keys and other items that belong to Duterte when he was brought to the Scheveningen Detention Center were turned over to the Registry, which is responsible for non-judicial aspects of the administration and servicing of the ICC.
However, the Chamber granted the request of the Prosecution to examine the other items obtained from Duterte as they are “likely to have been used by the Accused in relation to the alleged crimes.”
“The Chamber finds that there are reasonable grounds to believe that the requested search would produce evidence that is necessary for the investigation,” the decision stated.
The Chamber required the Prosecution to submit a report within one month detailing all of the measures it has taken to limit access to the former president’s private information.
The Prosecution “will aim to return them to the Registry within two months of their receipt” of Duterte’s seized belongings, it ordered.
Earlier, the Chamber approved the freezing of an unspecified amount confiscated from Duterte, noting that it is necessary that the confiscated money is not subject to devaluation because “should the Accused ultimately be convicted of the alleged crimes, that money is to be available for the purpose of eventual forfeiture and the award of reparations to victims under Article 75 of the Statute.
Duterte’s trial will start on Nov. 30.
