The Hague, Netherlands – Drug war victims’ families said “no one can escape justice” as the International Criminal Court (ICC) moved forward with confirmation of charges proceedings against former President Rodrigo Duterte after allowing him to waive appearance at the hearing in The Hague.
“We will never stop until we get justice. Walang makakatakas sa hustisya [No one can escape justice],” said Shira Escudero, sister of 18-year-old Ephraim Escudero, who was killed at the height of the anti-drug campaign.
Judges at ICC Pre-Trial Chamber I ruled that the Feb. 23 to 27 confirmation of charges hearing may proceed without Duterte’s absence after he voluntarily waived his right to attend. The chamber said the former leader understood the consequences of his decision, noting that the waiver applies only to the confirmation stage. Under ICC rules, any full trial must be held with the accused present.
Prosecutors had earlier opposed the request, saying excuses to skip hearings should remain “exceptional.” In a Feb. 19 filing, Deputy Prosecutor Mame Mandiaye Niang argued Duterte was “available, fit, and should attend the hearing in person,” and that independent medical experts had found him capable of participating.
Duterte, 80, cited age, frailty and his rejection of ICC jurisdiction in asking to skip the proceedings, describing the accusations as politically motivated and saying he preferred to remain in his detention cell.
Families recount killings
Escudero said her brother disappeared on Sept. 19, 2017 and was later found dead in Pampanga with gunshot wounds.
“Hindi po kami nakakita ng hustisya sa ating bansa kaya nandito po kami ngayon sa ICC,” she said. [Translation: We did not find justice in our own country, which is why we are now here at the ICC.]
“Para po sa aming mga pamilya, sobrang tagal po namin naghintay,” she added.
[Translation: For our families, we have waited for an extremely long time.]
LLore Pasco, said her sons were killed on May 12, 2017 during an anti-drug operation.
“Ngayon po ay narito kami para saksihan ang confirmation of charges ni Duterte. Ito po ay napakahalaga sa aming pamilya dahil napakatagal na po namin naghintay,” she added.
[Translation: We are here now to witness Duterte’s confirmation of charges. This is very important to our family because we have waited for so long.]
Responding to Duterte’s remarks that he was “old and tired,” the mother said age should not be a reason to avoid accountability.
“Sinasabi niya na siya ay matanda na, pagod. Ako rin po ay matanda na rin, pero hindi ako mapapagod,” she said.
[Translation: He says he is old and tired. I am old too, but I will not grow tired.)
In an interview with NewsWatch Plus, Karapatan secretary general Tinay Palabay criticized Duterte’s decision not to appear at the hearing, calling it “nakikita namin na sign ng karuwagan,” or “a sign of cowardice,” adding that human rights groups remain hopeful that judges will affirm the charges.
The confirmation of charges hearing is a key pretrial step in which judges determine whether prosecutors have presented sufficient evidence to send the case to trial over allegations of crimes against humanity linked to Duterte’s anti-drug campaign.
During the proceedings, prosecutors, defense lawyers and legal representatives of victims will present arguments before judges decide within about 60 days whether to confirm the charges, request additional evidence or dismiss the case.
