MANILA — Nicholas Kaufman, former President Rodrigo Duterte's lawyer at the International Criminal Court, did make a motion to limit the identity documents witnesses for drug war victims who would like to participate in the trial, a Filipino lawyer accredited by the ICC said.

Kaufman, in an interview in the Hague in the Netherlands, called out ICC assistant to counsel Kristina Conti and ICC-accredited lawyerJoel Butuyan for what he said was a "big lie" that he had tried to limit the types of identification that the court would accept.

"We made observations. We didn't make a request which was rejected. That's a big lie," Kaufman said of his submission to the Victims Participation and Reparations Section, which would assess potential witnesses.

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BUTUYAN: OBSERVATIONS ARE OPPOSITIONS

In an interview with ABS-CBN News, Butuyan said that Kaufman did make a request to limit the acceptable IDs to three categories and that it had been rejected.

"Sinasabi niyang observation lang pero 'yun na 'yun. He's opposing actually the submission of the VPRS na palawakin 'yung mga IDs na matatanggap sa ICC," he told ABS-CBN News Wednesday, April 23.

(He calls its an observation, but it is the same thing. He's actually opposing the submission of the VPRS for the ICC to accept more types of IDs)

He said that while party to cases at Philippine courts file motions and oppositions, the ICC uses a different system. He said parties at the ICC can file observations and oppositions, which are also called views, concerns or observations.

"At si Atty. Kaufman ay nag-submit ng kanyang observations tungkol doon sa mga sinuggest ng VPRS, ito yung Victims Participation and Reparations Section na sinabi niyang kailangang limitahan to three kinds of IDs lang — yung national ID, yung passport saka 'yung SSS (Social Security System)," he said.

(And Kaufman submitted observations about the VPRS' suggestion. He said the IDs acceptable should be limited to the national ID, passport and the SSS) 

KAUFMAN'S OBSERVATION

On April 7, Kaufman filed a Defense observation in response to the VPRS' submission for the ICC to accept 30 kinds of IDs and documents as proof of identity for victim applicants and those acting on their behalf.

Kaufman said  the Chamber "should insist on the production of a national identity card and or a passport containing an up-to-date photograph", and in the absence of those, it should require "those identification documents accepted in the staggered fashion mandated by the Social Security System" of the Philippines.

He had argued for limiting types of identity documents to reduce the risk of fraud and to avoid "misidentification, double-counting, and the inclusion of false victims".

Butuyan noted that victims of alleged extrajudicial killings had not been given the opportunity to identify themselves or clear their names in court. 

"Tapos ngayong patay na sila saka sila manghihingi ng ID? So tingnan mo naman 'yung klase ng katarungan na gusto nilang mamayagpag dito sa ICC trial no," he said.

(And now that they are dead, you will require an ID? Look at the kind of justice they want in this ICC trial)

The Chamber on April 17 released an order which considered the Registry's proposal for list of documents proof of identity as sufficient. It also agreed with the defense that decisions on IDs other than those accepted would be made as needed.

Speaking to reporters in Negros Occidental, Vice President Sara Duterte, the former president's daughter, said the defense merely wants to make sure "fake witnesses" would not be considered for inclusion by the ICC.

NOT YET ACCEPTED AS VICTIMS' REPRESENTATIVES?

Kaufman has also said that Butuyan and Conti have not been accepted by the court to represent victims. That task, he said, is for the Office of the Prosecutor for Victims.  

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Butuyan called Kaufman's comment "fake news" — a term used loosely for misinformation and disinformation — saying the process for legal representation for the case has yet to start.

"[A]ng kanyang ini-imply ay kailangan mong ma-appoint ng ICC na victims' counsel bago ka makapag-komento sa mga nangyayari sa ICC. Fake news 'yun no. Sobrang fake news kasi kahit na sinong tao can actually express his or her views sa mga nangyayari sa ICC," he said.

(He is implying that the ICC has to appoint you as victims' counsel before you can comment on what is happening at the ICC. That is fake news — extremely fake news — because any person can actually express their views on what is happening at the ICC)

"Ang message ko lang kay Atty. Kaufman, stick to the merits of the case. 'Wag maglagay ng mga hurdles of technicalities para pigilan 'yung mga biktima na magparticipate sa mangyayaring paglilitis sa ICC," Butuyan said.

(My message to Kaufman is this: Stick to the merits of the case. Don't put hurdles of technicalities to keep victims from participating in the trial at the ICC)