Duterte wants drug war victims’ lawyers disqualified

THE defense team of former president Rodrigo Duterte has requested the disqualification of the three lawyers for drug war victims in his International Criminal Court case, citing their failure to disclose prior association with Philippine government entities constitutes conflict of interest that undermines the fairness of proceedings. In a public redacted filing dated Feb. 11, Duterte lawyers asked Pre-Trial Chamber I to revoke the appointments of Joel Butuyan, Gilbert Andres and Nicolene Arcaina — the latter recently appointed as case manager for the victims’ legal team. The defense argues that Arcaina’s previous employment at CenterLaw Philippines, where she worked alongside Butuyan and Andres, overlapped with a period in which the organization had contact with the government official whose name has been redacted in the filing. According to the filing, Butuyan and Andres were given access to the official’s case materials before the defense raised inquiries on Jan. 30. The defense also alleged that the two lead representatives gave “evasive” responses when asked whether they or their associates had been in contact with the official or had represented individuals who may have been connected in the case against Duterte. Butuyan replied on Feb. 3 that he was “not under any obligation” to answer. The defense argued that even if no formal impediment to representation is found, Arcaina’s simultaneous roles as case manager for victims and the official create an inherent conflict. The filing contends that the arrangement allows individuals outside the prosecution’s disclosure framework to access potentially exculpatory material. “The resulting web creates an objective appearance of bias incompatible with the integrity of the proceedings,” the filing stated. The defense noted that neither Butuyan nor Andres informed the Chamber of the relevant facts, nor did they take steps to terminate Arcaina’s appointment — instead actively promoting it. All three lawyers were appointed by the Chamber on Jan. 26, alongside a counsel from the Office of Public Counsel for Victims, following a Registry report whose proposed names were initially redacted. The defense had previously voiced concern about Butuyan’s involvement, citing public comments they said demonstrated preconceived views on Duterte’s guilt. The Chamber rejected a defense request on Feb. 6 seeking disclosure of the Common Legal Representatives of Victims’ (CLRVs) full team composition. Butuyan confirmed Arcaina’s appointment on the evening of Feb. 10 notifying the Chamber the following morning. The defense has requested that the Chamber immediately suspend the CLRVs’ access to the case record pending a determination on the disqualification request, and that their appointments be revoked.