The Manila Times
PROSECUTORS at the International Criminal Court (ICC) have asked judges to order the public release of a redacted defense filing in the case against former president Rodrigo Duterte, arguing that confidentiality claims are unjustified and could undermine witness confidence. In a submission dated April 24 before Pre-Trial Chamber I, the Office of the Prosecutor sought the reclassification of a defense response that had been partially withheld from public view. The chamber is composed of Judges Iulia Antoanella Motoc, Reine Adelaide Sophie Alapini-Gansou, and Maria del Socorro Flores Liera. Prosecutors said the redactions conceal a key clarification by Duterte’s legal team that six individuals — Salvador Medialdea, Salvador Panelo, Martin Delgra, Silvestre Bello, Alfredo Lim, and Cesar Dulay — are not members of the defense team in the ICC case. According to the filing, the defense had earlier “affirmed, confirmed, assured and guaranteed” that the six lawyers were not part of Duterte’s ICC counsel. However, this statement was later removed in the public version of the response. The prosecution argued that the defense’s justification — to protect the lawyers’ “dignity” — does not outweigh the court’s principle of transparency. “It is unclear how confirming to the public that these lawyers do not work for the Defense team would negatively impact their dignity,” prosecutors said, adding that court proceedings should generally remain public. The Office of the Prosecutor, led by Deputy Prosecutor Mame Mandiaye Niang, also said keeping the information confidential could create confusion among potential witnesses and victims. Prosecutors said earlier statements and actions by defense counsel had created the impression that the six lawyers were part of Duterte’s legal team, prompting a formal request for clarification in March. They warned that leaving the issue unresolved in public records could have a “chilling effect” on ongoing investigations, particularly if witnesses fear that individuals linked to Duterte might have access to sensitive case information. The prosecution added that some of the six lawyers had held senior government positions during Duterte’s presidency, a period covered by the ICC investigation into alleged crimes. Efforts to resolve the issue privately failed after the defense declined to seek reclassification, maintaining that the redactions were appropriate to avoid possible embarrassment to the individuals involved. Prosecutors, however, questioned that reasoning and said the defense had not explained its apparent change in position after previously agreeing to make certain information public.
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