ICC judges reject Duterte team’s proposal to limit identity documents for victims

Metro Manila, Philippines - International Criminal Court (ICC) judges on Saturday rejected the proposal of former President Rodrigo Duterte’s defense team to limit accepted identification documents of drug war victims who want to participate in the proceedings.

The ICC Registry, which takes care of “non-judicial aspects” of the case, initially recommended a list of 30 identification documents to be used as proof of identity for victim-applicants and persons acting on their behalf.

In a 20-page order dated April 17, the ICC Pre-Trial Chamber I said the Registry took note of the “backlog in the distribution of national identity cards” and considered that many Filipinos still do not have their national IDs.

Duterte’s lead counsel British-Israeli lawyer Nicholas Kaufman proposed against the Registry’s recommendation and insisted that a national ID or a passport with an up-to-date photo of the holder is needed to “enhance reliability” of the victim applicants.

“Limiting the range of identity documents enhances the reliability of the identity verification process and significantly reduces the risk of fraud. The use of varied and insufficiently verified identity documents could lead to misidentification, double-counting and the inclusion of false victims – issues that could trigger unnecessary and time-consuming litigation,” wrote Kaufman.

The ICC chamber dismissed this and ruled in favor of the Registry’s initial proposal. The court ordered that the victims may submit any of the 30 identification documents which include:

• Passport

• National ID card

• SSS card

Government Service Insurance System ID card or GSIS Unified Multi-Purpose ID card

• driver’s license

Professional Regulatory Commission ID card

Overseas Workers Welfare Administration ID or e-card

• Department of Labor and Employment card

• voter’s certification with dry seal

firearms license

senior citizen ID card

• persons with disabilities ID card

National Bureau of Investigation clearance

Alien Certificate of Registration ID card

• PhilHealth ID card

airman’s license

• Pag-IBIG Loyalty Card

• Integrated Bar of the Philippines ID card

• Pantawid Pamilyang Pilipino Program ID card

• school ID or certificate of enrolment/registration with photo and the institution’s dry seal

taxpayer identification number card

postal ID card

• barangay certification

• seaman’s book

police clearance

cedula or community tax certificate

• marriage certificate

birth certificate

solo parents ID card

• baptismal certificate

The ICC judges said the Registry was able to provide sufficient information on each document that it recommended to accept as victims’ proof of identity.

“This information, together with the procedure for admission of victims to participate in the proceedings adopted above, already ensures the ‘reliability of the identity verification process and significantly reduces the risk of fraud,’” the ruling stated.

If the victim-applicant is without any of the listed identity documents, they may also submit a declaration signed by two witnesses with attached witnesses’ identity documents.

“The Chamber, agreeing with the Defense’s suggestion, considers that, should applicants rely on such signed and witnessed declarations or any documents other than those accepted above, the Chamber will decide whether to accept such documents on an ad hoc basis, upon receipt of the Registry’s assessment and recommendations,” read the ruling.