ICC prosecutor asks judges to clarify role of 6 Filipino lawyers in Duterte defense
The deputy prosecutor in the pre-trial case against former president Rodrigo Duterte has asked the International Criminal Court to clarify the roles of six Filipino lawyers who have been publicly linked to the defense.
In a document dated March 6, Deputy Prosecutor Mame Mandiaye Niang asked the Court's pre-trial judges to order the defense to confirm, on the record, that the Filipino lawyers are not members of Duterte's defense team.
The lawyers in question are Salvador Medialdea, Salvador Panelo, Martin Delgra, Silvestre Bello, Alfredo Lim, and Cesar Dulay.
Niang's request stems from lead defense counsel Nicholas Kaufman's statements regarding the lawyers in media interviews.
"Defence counsel stated that his team was 'ably assisted and supported by' the six laywers who attended the hearing in the public gallery," read Niang's statement.
According to the document, Kaufman told media that Delgra and Medialdea were "working with [us] all along." And when asked if the lawyers would just be spectators in the gallery, Kaufman allegedly said, "Well, yes, unfortunately they've arrived at the last minute, so it won't be possible to get them passes so they can actually sit inside the court..."
The document also alleged that Panelo supposedly said, prior to the confirmation hearing, Duterte's defense counsel had a scheduled meeting with the former president's Filipino legal team "to discuss the confirmation hearing and potential strategies."
Niang wrote, "These statements have created the impression that the six lawyers are members of Mr. Duterte's defence team before the International Criminal Court."
He then requested the Court to require the defense to confirm in writing that the lawyers are not members of Duterte's defense team; that they have not, and will not, receive any disclosure or non-public information on the case; and that "they are not entitled to legally privileged meetings, or other communications, with Mr. Duterte in the Detention Centre."
The document explained the prosecution previously attempted to resolve the issue by reaching out directly to Kaufman on Feb. 23.
"During this discussion, Defence Counsel advised the Prosecution that the six lawyers are not memebrs of Mr. Duterte's defence team. However, this representation is inconsistent with Defence Counsel's public statements," Niang wrote.
Prosecution again contacted the defense on Feb. 25, via email, asking for clarification "for the purposes of ensuring [the Prosecution] continue[s] to meet [its] obligations under article 68..."
Article 68 of the Rome Statute of the International Criminal Court states that the prosecution is obligated to "take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses," the document read.
Seeing as the defense has allegedly refused to confirm the lawyers' roles, the prosecution wrote it needs clarification "in order to conduct thorough risk assessments to potentially opposed their appointment."
Duterte's confirmation of charges hearing opened on Feb. 23 and concluded on Feb. 27 before the ICC Pre-Trial Chamber I. The purpose of the hearing was for the judges to determine whether or not there is enough evidence linking Duterte to each of the crimes charged. If there is, his case will be moved to a Trial Chamber with a new set of judges, according to the ICC.
Per Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber will be delivering its written decision within 60 days from the conclusion of the confirmation of charges hearing.
The former president has been detained in The Hague since March 12, 2025, under suspicion of crimes against humanity in the context of his war on drugs from Nov. 1, 2011 to March 16, 2019, according to the ICC.
