Lead attorney of FPRRD condemns Roque for dissemination of false information and undermining efforts
Nicholas Kaufman, the legal representative of former Philippine President Rodrigo Duterte at the International Criminal Court (ICC), is seeking critical documents to support Duterte's request for interim release. The documents, which include official findings from a Senate committee hearing, are believed to be essential in countering prosecution claims that Duterte is a flight risk.
In a written interview on July 29, 2025, Kaufman accused Harry Roque, Duterte's former presidential spokesperson and lawyer, of spreading misinformation and sabotaging the defense strategy. The delays in the case, Kaufman emphasised, were not caused by his team but were due to external factors, such as the slow release of the necessary documents.
The documents Kaufman seeks include the Senate committee report, which details politically motivated efforts to target Duterte, including claims that his arrest and surrender to the ICC were unlawful and part of a "whole-of-government effort to bring down the Dutertes." Kaufman submitted these Senate reports to the ICC to respond to the prosecution's opposition to Duterte’s interim release.
However, the ICC has denied a request from the defense to disqualify two judges for alleged bias. The defense will not present any witnesses or submit an alibi during the upcoming confirmation-of-charges hearing. Instead, their approach will focus on showing inconsistencies in the prosecution's claims and the lack of direct evidence linking Duterte to the alleged crimes.
Duterte, who was arrested on March 11, 2025, and has been detained at the ICC's Scheveningen facility since then, was charged with crimes against humanity, including murder, torture, and rape, committed during his administration's war on drugs. The defense's motion for Duterte's interim release has been opposed by both the prosecution and victims' representatives.
Recently, Duterte's daughter, Vice President Sara Duterte, overcame an impeachment attempt that was dismissed by the Supreme Court on legal grounds. Duterte also won the Davao City mayoral seat in absentia during the May 2025 midterm elections.
Kaufman criticised Roque for allegedly approaching a Dutch lawyer to file a case against the Dutch government in an attempt to challenge Duterte's transfer to the ICC. However, the Dutch lawyer reportedly cut ties with Roque after learning that he had legal issues of his own.
Kaufman denies accusations of deliberately delaying proceedings at the ICC, attributing the delays to the slow release of documents he believes are crucial in securing Duterte's temporary release. Despite the challenges, Kaufman remains committed to ensuring Duterte is fully informed and consenting throughout the legal process.
[1] Kaufman, N. (2025). Interview with Nicholas Kaufman on the Duterte case at the ICC. [Interview Transcript]. [2] Senate of the Philippines. (2025). Report of the Senate Committee on Foreign Relations on the Arrest and Surrender of Former President Rodrigo Duterte to the ICC. Retrieved from https://www.senate.gov.ph/downloads/2025/07/Report_of_the_Senate_Committee_on_Foreign_Relations_on_the_Arrest_and_Surrender_of_Former_President_Rodrigo_Duterte_to_the_ICC.pdf
- The Senatorial hearing reports, which Kaufman aims to acquire, contain evidence of politically-motivated actions to target Duterte, including his arrest and continuance to the ICC being considered unlawful and part of a "whole-of-government" plan to bring down the Dutertes.
- Kaufman's accusations against Roque extend to allegations that he attempted to manipulate the legal process by approaching a Dutch lawyer to file a case against the Dutch government concerning Duterte's transfer to the ICC.
- Despite the challenges he faces, including delays in proceedings due to issues with the release of crucial documents, Kaufman vows to ensure that Duterte remains informed and gives active consent throughout the legal process.