Khan disqualification has no impact on Duterte case – ICC spox

By Joyce Ann L. Rocamora, Philippine News Agency

A court document dated Oct. 15 confirmed that the ICC Appeals Chamber has disqualified Khan over his involvement, prior to taking office, in the submission of certain information related to Duterte’s alleged crimes in the Philippines. (Photo: PNA)

MANILA – The disqualification of chief prosecutor, Karim Khan, on the case of former president Rodrigo Duterte before the International Criminal Court (ICC) has “no impact” on the ongoing probe, the latter’s spokesperson said Wednesday night.

“This disqualification has no impact on the ongoing case against Mr. Duterte,” ICC Spokesperson Fadi el Abdallah said in a statement sent to reporters.

“The work of the Office of the Prosecutor on the situation related to the Philippines is led by Deputy Prosecutor Mame Mandiaye Niang,” he added.

A court document dated Oct. 15 confirmed that the ICC Appeals Chamber has disqualified Khan over his involvement, prior to taking office, in the submission of certain information related to Duterte’s alleged crimes in the Philippines.

The said information, also known as Article 15 communication, was submitted on June 29, 2018, to the former Prosecutor Fatou Bensouda.

Abdallah clarified that the Appeals Chamber did not consider that actual bias on the part of the prosecutor had been demonstrated in the defense’s request.

“However, it concluded that a number of factors may give rise to an objectively reasonable appearance of bias in the eyes of a reasonable observer, such that they would conclude that the Prosecutor could be expected to have formed an opinion on the case against Mr. Duterte during his involvement in the Article 15 communication that, objectively, could adversely affect his required impartiality,” he said.

In a separate statement, the ICC Office of the Prosecutor said its “independent and impartial investigation into alleged Rome Statute crimes in relation to the Situation in the Philippines is ongoing.”

It added that the investigative and prosecutorial activities over the case— including the application for the warrant of arrest— are led by a multi-disciplinary team under Niang’s supervision.

“The Office has been able to advance the case against Mr. Duterte solely on the strength of independently gathered evidence, and information collected from a wide range of sources, including interviews with witnesses, information from States, international partners, and civil society, as well as publicly available information,” it said.

“The victims and survivors in the Philippines situation deserve justice and accountability. The Office’s activities in this case will continue, contributing to ensuring that justice is pursued impartially and independently,” it added.