Former President Rody Duterte’s legal team has dismissed concerns raised by prosecutors at the International Criminal Court over possible exposure of confidential information, giving formal assurances on who can access case details as proceedings continue in The Hague.
In a legal filing dated March 26, lead counsel Nicholas Kaufman told the ICC that individuals identified in the prosecution’s request have no access to sensitive materials. He said these individuals “have not, and will not, receive any disclosure in this case,” and “have not, and will not, have access to any non-public filings in this case.” He added they are also barred from receiving “any other non-public information” and are “not entitled to legally privileged meetings or other communications with Mr Duterte in the Detention Centre.”
The prosecution raised concerns over how confidential information linked to the case could be handled. Kaufman described the request as unnecessary and rejected any suggestion that the defense breached professional rules. He said the filing carried an “implied suggestion” that the defense might be violating its obligations, which he denied.
He also addressed scrutiny around media coverage of the case, noting the prosecution’s “unabated passion for scrutinising the media coverage of this case.” He advised prosecutors “not to believe everything he reads in the papers,” adding that such reports should only be trusted if they relate to “Mr Duterte’s innocence.”
The issue focuses on how sensitive information in an international case is controlled and who is allowed to see it. The defense is stating that strict limits are in place on access to non-public records.
Duterte remains in ICC custody following his arrest on March 11, 2025 upon arrival from Hong Kong, tied to the court’s investigation into his anti-drug campaign. Proceedings before the Pre-Trial Chamber are ongoing.
