Former president Rodrigo Duterte is required to attend his trial at the International Criminal Court daily starting Nov. 30, Trial Chamber III ruled during the fifth and final status conference in his crimes against humanity case on Nov. 2.
Presiding Judge Joanna Korner stressed that while Duterte’s waiver of appearance was approved for the status conference, his attendance would be expected once the trial proper begins.
“We’ve agreed exceptionally because this is not likely to be a particularly lengthy status conference that Mr. Duterte need not attend this morning,” Korner said. “But once the actual trial starts, we will expect, as we said, attendance on a daily basis.”
The final status conference addressed key procedural matters ahead of the trial, including the daily hearing schedule, witness applications, remote testimonies and the prosecution’s allotted time to present evidence.
Victims’ request to use Tagalog denied
Also on Monday, the trial chamber rejected the common legal representatives for victims’ (CLRV) request to use Tagalog in portions of their opening statement, citing the ICC’s official working languages, English and French.
“For a number of reasons, we are going to follow what the Rome Statute has mandated, and it must all be in English,” Korner said.
The CLRV, through counsel Paolina Massida, had sought permission to quote victims’ narratives in Tagalog, saying their accounts would resonate more with victims when delivered in their local language.
Trial schedule adjusted
The chamber approved a four-session daily hearing schedule to accommodate recommendations from medical experts who assessed Duterte.
Hearings will run from 10 a.m. to 11 a.m., 11:30 a.m. to 12:30 p.m., 1:30 p.m. to 2:30 p.m., and 3 p.m. to 4 p.m.
Korner said the adjusted schedule would remain in effect until the court’s Christmas break. Proceedings are expected to resume on Jan. 11 and continue until the Easter break at the end of March.
The chamber also discussed proposed breaks to allow Duterte to receive family visits.
Defense lead counsel Peter Haynes sought breaks to allow Duterte to receive visits from his family.
ICC senior trial lawyer Julian Nicholls proposed a break during the first week of February and another two-week break beginning Feb. 22.
“That is really optimistic,” Korner remarked.
Under Regulation 100(1) of the ICC’s Regulations of Court, detained persons are entitled to receive visits, subject to arrangements by the Registry.
In a June 11 decision, the chamber also recognized that a detainee’s right to privacy and family life is implicitly protected under the court’s statutory framework.
Witness applications and evidence presentation
The prosecution said it intends to seek the admission of evidence from seven additional witnesses under Rule 68(3) of the ICC Rules of Procedure and Evidence by the end of November.
The rule allows previously recorded testimony, including written statements and audio or video recordings, to be admitted, provided the witness is available for questioning during trial.
Nicholls also said around 29 witnesses are expected to testify remotely through video or audio-visual links. The chamber directed that witnesses physically present in court be heard first, followed by those testifying remotely.
The prosecution was granted 150 hours to present its evidence, with the chamber leaving it to the prosecution to allocate the time among its witnesses. No individual time limits were imposed.
Duterte faces three counts of murder as crimes against humanity over killings linked to his anti-drug campaign during his tenure as Davao City mayor and president, which left thousands dead.
