In Duterte case, ICC warns parties over media comments

MANILA, Philippines — The International Criminal Court (ICC) Trial Chamber III on Tuesday warned parties in the case of former President Rodrigo Duterte against making comments about the proceedings or court decisions to the media, saying such remarks risk provoking “suppliers of fake news.”

During the second status conference hearing on Duterte’s trial, ICC Trial Chamber III Presiding Judge Joanna Korner raised concerns over statements made by counsel to the media, specifically on how these “provoked suppliers” of “undoubtedly fake news.”

READ: ICC holds second status conference for Duterte case

“We see no reason why counsel should feel it necessary to make any comment to the media,” Korner said.

Not in the court of public opinion

“The appropriate forum for counsel to raise matters is in the courtroom. Trials are not conducted by the court of public opinion, but by this court during the course of the proceedings,” she added.

The presiding judge then directly addressed the media and urged the press to report accurately and fairly to avoid speculation, especially in a trial that involves “serious allegations.”

READ: ICC looking for Tagalog, Cebuano translators for Duterte trial

‘Private discussions stay private’

She also reminded the media that anything discussed during private sessions cannot be reported to the public.

Korner, however, acknowledged that the media’s earlier reporting “was not assisted” by comments made by Duterte’s previous lead counsel, Nicholas Kaufman, citing a previous warning issued by the ICC pre-trial chamber to the lawyer that he had a “professional duty to be respectful and courteous to the chamber.”

“Regrettably, that reminder had no effect. On the 26th of April of this year, after the appeals chamber had made its decision on jurisdiction, Kaufman gave at least two interviews commenting on the decision,” Korner said.

READ: PH won’t rejoin ICC for now, says Palace

“Some of those comments were his personal view of legal decisions made by the court as a whole and were, on any showing, wholly inappropriate,” she added.

Korner also expressed the need to revise the Defense Code of Conduct to include guidance on commenting to the media.

READ: Duterte at ICC: What to expect from the second status conference

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