March 20 ------ The International Criminal Court (ICC) may call for witnesses to testify against former President Rodrigo Duterte in connection to his alleged crimes against humanity. According to Maki Pulido’s report in “24 Oras”, the ICC’s Office of the Prosecutor may submit to the defense team the testimonies of the witnesses and other evidence.
“To also afford them the proper opportunity to examine the evidence, to challenge the credibility of the witnesses,” said Ralph Sarmiento, dean of University of St. La Salle College of Law. But the witnesses will be granted protection and support by the ICC. In fact, they can use aliases in the witness list. “Sabi sa rules they have to ask for authorization from the court to redact the identity of the witnesses,” said Sarmiento.
If there is a serious threat to the witnesses’ security, the ICC Registry can relocate them and their family. During the trial, they can participate through video conferencing. The ICC Registry will be the one to set up the video link either in the witnesses’ location or in a different room inside the court in The Hague, Netherlands. If the court permits, the witnesses’ voice can be altered and their faces can be hidden for their security.
The witnesses can also give their testimonies in a closed session. “There are risks of retaliation or risks na ma-endanger ang kanilang buhay at kanilang pamilya just because mag-testify sila or para hindi sila maka-testify at all, na takutin ang mga witnesses para hindi mag appear,” said Michael Tiu Jr. of University of the Philippines International Criminal Law Program.
According to ICC’s website, the ICC will be the one to process the visas of the witnesses if they need to personally testify before The Hague. The witnesses will also receive an allowance while they are abroad. The court will also provide measures to support their mental health. “I think wala namang timeline doon sa protective measures under the rules. So it can last for some time even after the trial although we do have to acknowledge that the ICC does not have infinite resources,” said Tiu. But the ICC noted that the protective measures apply to the witnesses of both the prosecution and the defense.
Source: gmanetwork.com
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