MANILA, Philippines — Prosecutors from the International Criminal Court (ICC) have formally requested that judges order the defense team of former president Rodrigo Duterte to clarify the status of six Filipino lawyers who have been publicly associated with his case, citing concerns over witness protection and the integrity of confidential proceedings.
In a filing made public on Wednesday, the Office of the Prosecutor (OTP) expressed alarm over public statements made by Duterte’s lead defense counsel during last month’s confirmation of charges hearing. The defense team introduced Salvador Medialdea, Salvador Panelo, Martin Delgra, Silvestre Bello, Alfredo Lim, and Cesar Dulay as supporters seated in the gallery.
According to the prosecution, subsequent media interviews suggested the involvement runs deeper. The defense counsel was quoted saying that two of the lawyers had been "working with [us] all along," while Panelo reportedly indicated that the team was set to meet with the “Filipino legal team” to discuss strategies.
The prosecution said that these statements have created a public impression that the six individuals are formal members of the defense team before the ICC. This ambiguity, the OTP argued, poses a significant problem for prosecutors who are legally obligated under Article 68 of the Rome Statute to protect victims and witnesses.
“The Prosecution has a duty to take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses,” it said. “This includes knowing which individuals work for Mr. Duterte’s defense team, as these individuals have access to highly sensitive confidential information.” The OTP noted that the named individuals have deep ties to the former president, having worked on his presidential campaign and held high-level positions in his administration during the period in which the alleged crimes took place. The prosecution asked the Pre-Trial Chamber I to order the defense to officially confirm that the six lawyers are not members of the official defence team; have not and will not receive any disclosure or non-public filings; have not received any other non-public case information; and are not entitled to privileged meetings with Duterte at the detention center.