Surviving kin, family of those slain in drug war considered victims before ICC
The surviving kin and family of those slain in Rodrigo Duterte's bloody war on drugs will be considered victims before the International Criminal Court.
ICC Assistant to Counsel, Atty. Kristina Conti expounded on the terminology in an interview with ANC's Headstart.
"For the court, anybody who has been impacted and will suffer financial, emotional [or] whatever kind of harm could be considered a victim," she said.
"When you say victims of the extrajudicial killings, that includes the deceased, the surviving family, even the wife, the nuclear family will be considered victims."
She also emphasized that this will significantly increase the potential number of victims compared to solely considering the deceased.
Conti said that she's looking at a minimum of 40 victims, which will get more as their family members will be added.
"Kinlaro ng court yun eh. You should include everybody, even if they don't want to be named. Kasi minsan, 'yung nanay nalang 'yung tatayo para sa pamilya, 'yung anak, 'wag na pangalanan. The court says you could qualify them and they would remain unnamed, anonymous," she told Headstart.
The clarification came after the legal team of former president Rodrigo Duterte bid for his interim or conditional release.
However, according to the global tribunal rules, the opinions of the witnesses and victims will be considered when granting such release.
Victims have different representation
In the ICC, three legal teams appear before the court: prosecution, defense, and victims.
Being a "victim-friendly or centered court," the ICC lets victims air separately their views and concerns, according to Conti.
Victims can also participate as witnesses and have the right to choose their legal counsel or representative accredited before the court.
"We let the prosecutor focus on the element of the crime. Victims can participate as witnesses. Ang bahala dyan ay si prosecutor. Pero victims can also participate as victims, which is why we are forming our own legal team."
Duterte's ICC defense team
On March 15, Vice President Sara Duterte announced that British-Israeli lawyer Nicholas Kaufman will serve as Duterte's lead counsel, while former executive secretary Salvador Medialdea and former presidential spokesperson Harry Roque will be the supporting lawyers.
According to Conti, Duterte cannot be represented by just any lawyer as they have to be accredited by the international tribunal itself.
Interim release
While waiting for the September pre-trial, Duterte may seek interim release from detention. Given the gravity of the alleged crimes, the court will decide whether there are "urgent and exceptional circumstances" to justify interim release and whether "necessary safeguards exist to ensure that the custodial State can fulfill its duty to surrender the person to the Court.
If the suspect is granted interim release, the Pre-Trial Chamber may require periodic status reports. Once a surrender order is issued, the suspect shall be immediately surrendered to the custodial State.
Conti previously told TeleRadyo Serbisyo that Duterte must justify his need for interim release, such as presenting documentation that would prove his health concerns.
Duterte's confirmation of charges is scheduled for Sept. 23.
