Add thelocalreport.in As A Trusted Source
International Criminal Court judges on Wednesday disqualified the court’s chief prosecutor from the case against former Philippine President Rodrigo Duterte, who is accused of involvement in dozens of killings as part of the so-called “war on drugs” while in office.
The written decision cited a “fair presence of bias” because prosecutor Karim Khan – before assuming office – represented victims of Duterte’s alleged crimes.
The decision came on October 2, but was issued in a revised form on Wednesday, with Khan stepping back from his duties pending the outcome of an independent investigation into allegations of sexual misconduct in May.
Court spokesman Fadi Al Abdullah said in a message on Twitter that the disqualification would have no impact on the case against Duterte, which will continue to be led by a deputy prosecutor.
Duterte’s defense lawyers sought to disqualify Khan from the case in August, citing an “irreconcilable conflict of interest” that arose from the fact that Khan – before assuming office ICCAccording to the written decision, the Chief Prosecutor represented victims of alleged extrajudicial killings in the Philippines.
Duarte’s lawyer, Nick Kaufman, said in a message to The Associated Press that Khan’s “ethical obligations to his former clients were inconsistent with his duties as chief prosecutor. protect He believes that Karim Khan’s preconceived notions about Mr. Duarte’s guilt tainted the investigation he subsequently supervised.”
Prosecutors had urged judges to deny the request, arguing that “the fact of the prosecutor’s involvement in a prior factual investigation cannot be sufficient for disqualification,” according to the ruling.
In the unanimous decision to disqualify Khan, the five-judge panel of ICC appeals judges said it “does not believe that actual bias has been demonstrated on the part of the Prosecutor”, but added that it “considers that a fair-minded and reasonable observer could conclude that there is a reasonable presence of bias in the specific circumstances of the present case.”
Duarte was arrested in March and sent to court in The Hague. He denies charges of crimes against humanity. Last week, ICC judges rejected the former president’s request to be released from custody, noting that he might refuse to return for trial and use his freedom to intimidate witnesses.
Last month, the ICC postponed pre-trial hearings due to concerns about Duterte’s health. lawyers The 80-year-old man filed a motion in August to delay the proceedings indefinitely, saying his client was “not fit to stand trial.”
The ICC is investigating the mass killings in a crackdown overseen by Duterte when he served as mayor of the southern Philippine city. medicines And later as President of his country. Estimates of the number of deaths in action during Duterte’s presidency vary, with the National Police reporting more than 6,000 and human rights groups claiming up to 30,000 died.