Lawyers, victims' kin welcome ICC order for rules to let them participate in Duterte case | ABS-CBN

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Lawyers, victims' kin welcome ICC order for rules to let them participate in Duterte case

Lawyers, victims' kin welcome ICC order for rules to let them participate in Duterte case

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Family and relatives join the inurnment rites of victims of extrajudicial killings linked to the drug war of former President Rodrigo Duterte at the Dambana ng Paghilom in La Loma Cemetery in Caloocan City on Wednesday, May 1, 2024. Maria Tan, ABS-CBN News/fileFamily and relatives join the inurnment rites of victims of extrajudicial killings linked to the drug war of former President Rodrigo Duterte at the Dambana ng Paghilom in La Loma Cemetery in Caloocan City on Wednesday, May 1, 2024. Maria Tan, ABS-CBN News/fileMANILA — International Criminal Court Assistant to Counsel Kristina Conti, who lawyers for some drug war casualties, said the families of the victims welcomed the ICC Pre-Trial Chamber 1's order that would let them apply to participate in former President Rodrigo Duterte's case for the crime against humanity of murder.

The ICC Pre-Trial Chamber 1 released on Friday a seven-page order seeking observations on matters linked to the conduct of confirmation proceedings.

It included the instruction for the court Registry to file observation with regards to drug war victims' application to participate to the case by April 2.

The court said this must include the following:

- admission process for applicants

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- application forms

- applicants' proof of identity documents

- legal representation

On Saturday, Conti wrote on X the National Union of Peoples' Lawyers and Rise Up for Life and for Rights welcome the ICC's recent order provided that victims will be protected throughout the proceedings.

She also said that victims' participation in the ICC is a "peculiar" feature that can help protect the interests of the drug war victims.

Conti said they are ready to consult with the section on the legal mechanisms that would work best with their situation.

Duterte, his family and his supporters have condemned the proceedings as politically motivated and illegal, with Vice President Sara Duterte and former Executive Secretary Salvador Medialdea calling the former president's arrest and transfer to the Netherlands kidnapping by the government.

The Palace has stood firm that the operations complied with Philippine law.

MORE THAN JUST 43 VICTIMS

Conti meanwhile said the number of drug war victims cited by the Office of Prosecutor on the request of issuance of warrant of arrest, which is 43, is not accurate and "misapprehends that the trial is for murder."

"There is a misconception that only 43 victims will be considered by the court; this is not accurate, and misapprehends that the trial is for murder, not crimes against humanity in the act of murder," she said in a joint statement of NUPL and Rise Up.

The government has acknowledged the deaths of more than 6,000 "drug personalities" in anti-drug operations.

Right groups and watchdogs have estimated that extrajudicial killings during Duterte's term may have reached as many as 30,000.

Conti, the secretary general of NUPL-National Capital Region, also said that victims' possible "non-participation" does not equate to dropping of charges.

"The non-participation does not automatically result in the dropping of charges - so the call for some for the victims to 'withdraw the case' is senseless. Victims may express their opinion independent of the Prosecution and the Defense," she said.

As she expressed anticipation for more details on victims' participation, she reminded the court to protect the identity and overall well-being of the bereaved families who would seek to participate in the proceedings.

"We eagerly await further instructions from the Court and the victims' section in the Registry for guidelines. We anticipate victims will be required to submit a signed application to participate with a statement of victimhood, identification documents, etc," she said.

"We must remind again that the identities of the victims are protected throughout proceedings, and that the Court will take appropriate measures to protect the safety, physical and psychological wellbeing, dignity and privacy of victims," she added.

Duterte is currently detained at the ICC facility in The Hague in the Netherlands.

On March 14, he appeared via video link before ICC judges. He is set to attend a September 23 hearing to confirm the charges against him.

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