Relatives of extra judicial killings (EJK) victims hold a protest in Quezon City on July 17, 2019. Jonathan Cellona, ABS-CBN News/File 

MANILA — A lawyer on Friday welcomed the International Criminal Court Pre-Trial Chamber I's decision allowing victims of alleged extra-judicial killings in the Philippines to submit any of the 30 identification documents proposed by the Registry.

In a statement, ICC-listed counsel Atty. Joel Butuyan said the eased ID rules will enable thousands of victims of extrajudicial killings to present themselves and their views to the International Criminal Court.

"I welcome that the Court recognized the necessity for accepting multiple forms of ID for participating victims in the Duterte trial - it will ensure that those thousands of individuals who have been harmed by the extrajudicial killings of their loved ones can be recognized by the Court, and can share their views and concerns as the proceedings develop," he stressed.

This, after the submission of former president Rodrigo Duterte’s lead counsel Nicholas Kaufman, who is seeking to impose stiffer verification process and limit the range of IDs to supposedly "reduce the risk of fraud".

The Filipino lawyer has earlier called this observation "ignorant", saying Kaufman is not fully aware of the condition of EJK victims whom he said are mostly poor and lack documents that would seem "badges of wealth and privilege in the Philippines".

"Mr. Kaufman’s assertions that he merely provided 'observations' to the Court have brought the conversation into petty semantics. It is very simple - the Registry recommended that a variety of forms of national ID be accepted to identify eligible victims and the Defence requested that the list of acceptable IDs be limited," Butuyan said.

He said the Court has considered Kaufman's submission but instead accepted the Registry's proposed list, claiming the ICC judges "in effect, [denied] the Defence's proposal".

Lawyers spar on ID requirements for potential victims' witnesses at ICC

Duterte's lawyer stated earlier that he only made observations thus no requests were rejected from their side.

Casting doubt on victims' credibility?

Butuyan said when the Duterte's team pointed out that expanded list of acceptable identification documents can lead to misidentification or inclusion of fake victims, they are supposedly likely relying on "insidious attacks to undermine the credibility of future victims recognized by the court".

The Filipino lawyer claimed that this approach ignores that "it is Rodrigo Roa Duterte who is on trial, not his thousands of victims."

Kaufman filed the defense observation on April 7 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. He 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.

Filipino ICC lawyer and victims’ counsel blasts Duterte defense team for 'ignorance' on situation in PH

Butuyan has strongly criticized this, as he said the victims were not even granted the opportunity to identify themselves or clear their names in court.

Issues on victims' legal representation

Following Kaufman's comment that it should be the ICC Office of Public Counsel for Victims (OPCV) that should represent all victims instead of individual lawyers, Butuyan asserted that victims have the right to choose their legal representatives from the list of accredited ICC counsel in which he is part of.

He said "[implying] otherwise is misleading and denies agency to victims whose rights have been violated."

Airing out the supposed concern of the victims that Duterte's side should not have a say on who will represent them, Butuyan pointed out what he called a "stark imbalance in the case".

Group eyes 1,500 EJK victims to participate in Duterte's ICC case

"Duterte has the resources and influence to select and pay for his high-powered legal representation. The families of the victims do not. Many of them cannot even afford to bury their dead, let alone secure formal identification documents - in fact, their invisibility made them perfect victims for state violence during the drug war for years without cause or consequence," he said.

The ICC so far has already confirmed the appointment of two lawyers for Duterte’s defense team: Kaufman and recently, Dov Jacobs, another lawyer with extensive experience in international criminal law who works as a defense trial lawyer at the ICC.

It is eyed that as soon as the process for victims' participation gets approved, the appointment for the legal representation will follow.

ICC releases proposed application process for victims to participate in Duterte case

Butuyan believes the victim's legal representation, may it be one or two as a united front, should be able to earn the victim's trust.

He also commented on a suggestion that only those appointed by the ICC as victims' counsel should have a right to speak on the proceedings, saying the Rome Statute encourages public engagement and has many forms of practicing civil society participation.

"This trial of Duterte’s crimes against humanity must not become a trial against the poor," he said.

"My message to Atty. Kaufman: Let us focus on the merits of the case. Let us honor the victims by removing procedural roadblocks, not erecting them. Finally, let us allow the truth to come out - not to be buried in legal technicalities, but laid bare before the global eyes on this Court," Butuyan added.

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