LIVE: Duterte at ICC: First status conference - 3rd Session | May 27

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[00:00:06]Please be seated. We will.

[00:00:12]>> Yes. Um just before um I give the various rulings. Um one thing I did miss out was really to do with um items relating to victims. Firstly, uh the VPRS and mapping report.

[00:00:38]Um uh and uh the question of household forms as opposed to individual ones um as well as um victims um in pre-trial.

[00:00:58]Now we had in mind and I just want to hear at this stage if there's any objection um to make various orders um uh uh really for the the VPRS to file a report including the possibility of having a mapping report and household forms. Um the main v the main mapping report to be filed 30 days after the article 74 judgment.

[00:01:35]Uh I see Mr. Amach indicating ascent I think is the polite way of putting it.

[00:01:44]And um next we were going to uh authorize the use of household forms uh in addition to individual application forms unless there's an objection.

[00:01:58]If there isn't, then we'll we'll authorize it. If there's an objection, we're not going to make a ruling and you can make submissions from my side.

[00:02:08]>> U Thank you, Madame President. As far as we are concerned, we would prefer to maintain the individual >> as far as we are concerned, we would prefer to maintain the individual form and the household form so that victims can choose which one because on occasion some victims would like not to complete a household form because some members of their family may not be aware of what happened.

[00:02:37]>> Right? So we would prefer to maintain both options. Thank you very much.

[00:02:41]>> Right. Um well is there any objection to to this? If No, I see Mr. Hayne shaking his head. I see Mr. Nichols shaking his head. Right. Uh then we will um authorize the use of both forms. Um uh Mida.

[00:02:57]And finally, we were going to order that the victims who participated in the pre-trial um proceedings are authorized to continue participating in the trial proceedings. Any objection to that? No. Okay. Well, then we make that order as well.

[00:03:18]um we didn't mention, but I'm going to mention now this that um pursuant to regulation 37 um of the uh regulations of the court.

[00:03:38]uh we're going to limit uh parties, participants and registry in their written submissions to 12 pages, which is what we did in Al Ramen.

[00:03:52]Um if you for some reason want to add to that limit, uh you must uh apply for permission uh and explain why. Um uh as far as um uh further submissions are concerned, we're going to hold two more status conferences.

[00:04:16]Um we would prefer that unless there is something that needs urgent resolution um submissions are made at those status conferences so that they can if at all possible be dealt with orally. Um but as I say there's something really urgent um then um of course you can file um a submission.

[00:04:42]Right. It was brought to my attention next before I deal with the rulings that um I wasn't altogether clear this morning um about the question of protocols to be used. So, I'm going to now read out what we say about protocols.

[00:05:01]As a general rule, the chamber will use the protocols that are already in place in the chambers manual.

[00:05:10]Um, as I've already indicated, chambers will allow witness preparation.

[00:05:17]The registry is instructed to file in the record the witness preparation protocol. the familiarization protocols as used in the al raman case which mirror those in the model conduct of proceedings.

[00:05:36]Uh the registry is to liaz with the parties and participants and report back to the chamber on the proposed use of dual status vulnerability and redactions by the 15th of June um of this year.

[00:05:54]Um if changes are foreseeable to the ecort protocol, the registry is to leers with the parties and report back to the chamber with a proposal particularly as regards submission of evidence um during the course of the trial by the 15th of June.

[00:06:21]Right. I hope that uh yes sorry um and I forgot to say that the cutoff no I was about to say that actually but anyhow um uh the uh the cutoff date uh for any applications from the victims uh to participate in the proceedings is the end of the prosecution's presentation of evidence idence.

[00:06:52]Um and uh we will follow the ABC participation approach.

[00:06:59]Right.

[00:07:01]Um as far as the fitness, the assessment of the fitness of the accused to stand trial.

[00:07:12]Um what we decided to do is that um in the light of the short discussion it would be preferable if the parties could liaz together and prepare a proposed joint letter of instruction.

[00:07:28]Um uh we we were going to do it ourselves but then we thought that you might then want to object. So it's probably simpler if the two of you can uh come to an agreement. Uh we would like that please by uh Friday of next week uh which is the uh uh actually no I think we said a week today. What's a week? 3rd of June. Yeah Wednesday.

[00:07:54]>> Yeah sorry my fault. Not Friday. Uh Wednesday the 3rd of June.

[00:08:01]um and registry. We would be grateful please if you could contact the experts immediately um to check on their availability and um let us know by the end of the week. Um that's the three experts who saw him before.

[00:08:19]Right. As regards first of all the then to the decisions we've come to the start of trial we are prepared to exceed to the prosecution's application of the 30th of November as the start of trial.

[00:08:37]Um the uh trial will run on a daily basis until the judicial recess um or thereabouts.

[00:08:51]Um, we have to wait for the report on the accused fitness and they will specifically be asked to if they find him fit to stand trial about uh the proposed sitting. The chamber would obviously like to sit um subject to witness problems um 5 days a week. Um but we note the recommendations that were made for the confirmation uh hearing. Um and so it may well be that um we'll have to adjust it if we have to have a day uh for the accused not to be um in court um each week. it that doesn't necessarily mean it won't be a sitting day because we can use that day to deal with any um administrative matters um or any legal arguments that um uh uh are due to take place subject of course to the accused waving his right um to be present.

[00:10:11]Um so effectively at the moment as I say subject to what reports we get uh it it should be taken by uh all uh parties participants and the registry that we will be sitting continuously until the recess uh at Christmas.

[00:10:33]Um we very much also urge the registry to make the necessary arrangements so that for the opening statements at the end of November there can be interpretation.

[00:10:46]um even if if there isn't a a a sufficient pool of interpreters um for witnesses um uh I think it's important that opening statements can be understood um by um those in the Philippines, right? Uh so the deadlines for the prosecution in the leadup to trial um uh the prosecution provisional list of witnesses and evidence by the 29th of June its trial brief final list of witnesses and and ev and and list of w evidence relied upon in the trial 31st of August which is 3 months months before the trial and the same deadline that is the 31st of August applies if you wish to add new incidents uh plus the list of experts and appreciating the difficulty sometimes in getting experts to provide reports um we would like as many reports as are available and if a report isn't available than at least a summary of what it is expected that the expert will be saying in his report.

[00:12:14]Any evidence disclosed or to be added to the list of evidence after that date is strongly discouraged and will be subject to the chamber's authorization good cause to be shown with a full explanation for the reason um for the delay.

[00:12:37]Um simply a reminder that disclosure um of exculp exculpatory evidence and rule 77 should be done on a rolling basis.

[00:12:50]Um after our discussion this morning, review your evidence to make sure that we avoid having repetitive, irrelevant or over luminous um evidence.

[00:13:05]And um as already discussed um the um witnesses interviewed under rule 55 the the schedules that we discussed and which are familiar to you from the Al Rakman case.

[00:13:19]Um as far as pre-trial motions are concerned um if there is any issue that needs resolution um before the start of the proceedings pursuant to 100 rule 1341 and two again cut off date 31st of August um I'll give you the dates of the status conferences in a moment um but we will deal with them all um I hope then uh and of course obviously if it's urgent that's a different matter and it should be filed as soon as possible. Uh the dates for the next status conferences um between now and the summer recess are the 23rd of June and the 14th of July.

[00:14:14]Um the um as indicated this morning um the defense's indication of issues and defense uh to be provided by the 30th of October.

[00:14:33]Uh the uh legal representative of the victim's trial brief 28th of September.

[00:14:43]Um, as far as greg agreed facts are concerned, we're not going to set a deadline, but we will review the position at each of these status conferences. Um, and we echo or repeat our hope that, um, you can reach a substantial number of agreed facts.

[00:15:02]Um having considered Miss uh Msida's representations um the uh LRV can receive notification of what facts have been agreed and can make submissions on this which the chamber will consider.

[00:15:25]Um as far as the conduct of proceedings is concerned um I've mentioned some matters it it it there will be other matters dealt with in that effectively it will be the um it's intended that it will very much be the same model as that in the Alraman case which also models the model one in the chambers manual. Um but if anybody wants to suggest amendments to it um they must do so um by Friday the 5th of June. So in other words next Friday.

[00:16:07]Um I mentioned this morning that um we were thinking of trying to find a balance between the submission and admission uh process. Um but I'm reminded it it it it I think that the the the conduct of proceedings and indeed the chamber's manual uh states that um where there are documents which the chamber or the parties consider are important ones. It it it can be um whether or not it will be admitted can be dealt with at the time uh that the document is tendered.

[00:16:51]Um but I I I really do emphasize we don't expect to be drowned in in um uh documents.

[00:17:00]Uh so those are the rulings unless anybody thinks I've missed anything out that I said I'd give a ruling on. Um and unless there are any other matters that concludes to the status conference.

[00:17:13]Nobody got any other matters? No. Right.

[00:17:15]Yes. Thank you all very much.

[00:17:18]All right. We would be