(UPDATE) THE defense lawyer of former president Rodrigo Duterte said that they will no longer file a motion for reconsideration on their request to disqualify the two International Criminal Court (ICC) judges who are hearing the crimes against humanity case against their client.
In an interview with blogger “Alvin and Tourism” posted on July 3, Nicholas Kaufman said they will no longer challenge the decision of the ICC which dismissed the former leader’s claim that judges Reine Alapini-Gansou and Maria del Socorro Flores Liera were biased, as they affirmed the court’s jurisdiction in an earlier phase in the case.
The defense stated that the judges’ prior involvement created a possible conflict of interest.
“No, I’m not going to, as I’ve said, there has been new information which has come to light. I can’t disclose that information, but it does affect whether or not I would want to seek reconsideration of the request to disqualify,” Kaufman said.
In the ICC decision that junked his request, the ICC said that under the Rome Statute, judges may exercise their functions at different stages of a case without giving rise to bias.
“No appearance of partiality arises from the ordinary exercise of judicial duties,” it added.
Meanwhile, Kaufman also denied that Duterte was involved in the destruction of evidence in the drug war amid claims by Justice Secretary Jesus Crispin Remulla that some key evidence in the drug war was destroyed, hence the decision to cede jurisdiction to the ICC.
“My client, Mr. Duterte, had nothing to do with destroying any evidence. Destroying evidence is a criminal offense. It was not done, and it was not done at his request on behalf of him,” Kaufman said.
He also blasted ICC assistant to counsel Kristina Conti’s assertion that any country agreeing to adopt the former president risks being seen as a “safe haven for a murderer.” “I believe that her comments, if they’re true, I haven’t seen them in the media yet, would be basically interference. And it would be unethical interference with the litigation that’s currently being conducted on the subject of interim release,” Kaufman said.
He said that the comments made by Conti, as well as the proposals at the House of Representatives to oppose his interim release, are a form of “non-respect in the judicial process.” “Once again, respect the judicial process, respect the judges. We are confident, and we’re working towards bringing the former president home,” Kaufman said.
