Metro Manila, Philippines – The prosecution raised key terms of the war on drugs such as “neutralize” and “nanlaban,” as well as popular cases of killings during the presidency of Rodrigo Duterte at the International Criminal Court (ICC) on Tuesday, Feb. 24.
Trial lawyer Edward Jeremy submitted the merits of Duterte’s crimes against humanity charges before the ICC Pre-Trial Chamber I on the second day of the confirmation of charges hearing.
His presentation covered two charges: the murders of high-value targets during Duterte’s presidency and the murders and attempted murders in barangay clearance operations.
It followed Monday’s discussion on murders in or around Davao City by the so-called Davao Death Squad.
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The prosecution said the Davao model was expanded nationwide, citing a witness statement that the implementation of “zero tolerance on drugs” was understood as to “eliminate, neutralize drug pushers just as in Davao.”
With control over the police and military, the prosecution said President Duterte legitimized state violence by references to human rights and self-defense.
“This was the pattern, your honors. Out of one side of his mouth, quietly, occasionally, he would speak about self-defense. This was Mr. Duterte, the lawyer, keenly aware of his own legal jeopardy, especially once he was no longer a president,” Jeremy said.
“Out of the other side of his mouth, loudly, frequently, he would say, ‘kill, and I will protect you, I will pardon you, and I will promote you.’ This was Mr. Duterte, the strongman president, who ordered the murders of drug lords and alleged criminals,” he said.
Neutralize
Jeremy presented the 2016 command memorandum circular issued by then-Philippine National Police (PNP) chief Ronald “Bato” dela Rosa to carry out “Project Double Barrel.”
Citing insider witnesses, Jeremy said the word “neutralize” in the document emphasized Duterte’s kill order to fulfill his campaign promise.
The first phase of the campaign was “neutralizing” high-value targets included in Duterte’s list. Hitmen were paid or rewarded, the prosecution said.
“These rewards were not part of the regular PNP budget but provided by Mr. Duterte, who also publicly offered perpetrators’ rewards for killing,” Jeremy said.
PRRD list
Jeremy bared an Excel-style spreadsheet, the narco-list of high-value targets, complete with photos, names, and identifying information.
The targets were ranked from levels one to five. Level one included low-level government workers, police and street pushers, while level five was for drug wholesalers, financiers, and high-ranking police officers.
Jeremy said Duterte has emphasized in previous speeches his direct involvement in the preparation of the list.
“Basically, the PRRD list is a dead list,” the prosecution trial lawyer said, citing a witness.
Nanlaban
Jeremy also mentioned the term “nanlaban,” a Filipino word for resistance, as part of the modus operandi in the second phase of the campaign called “Project Tokhang” or the barangay clearance operations.
In Duterte’s drug war, he said police officers supposedly in self-defense shot victims described as “nanlaban.”
The prosecution said self-defense was legitimized through “repeatedly falsified” police reports of operations in murdering targets, which were identified in barangay lists or police station watchlists.
“These reports were often almost identical, in essence copy-paste reports in which victims frequently blamed for their own deaths,” Jeremy said.
Citing witnesses, the trial lawyer said the poor were often targeted because they were “least likely to file complaints against the police.”
Kian delos Santos, other drug war victims
Jeremy discussed known cases of killings – that of Albuera, Leyte Mayor Rolando Espinosa and Ozamiz City Mayor Reynaldo Parojinog – both in Duterte’s list of high-value targets.
He also mentioned the murder of Kian delos Santos, the 17-year-old student, a victim of the “nanlaban” narrative of the police that sparked national outrage in 2017.
Jeremy said children were among victims of the anti-drug campaign. He presented the former president’s speech that told a crowd to kill someone else’s drug addict child.
“This is an example perhaps of what the defense described yesterday as Mr. Duterte speaking quote ‘openly from the heart, sincerely, and truthfully,’ end quote,” he said.
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Jeremy said while Delos Santos’ case prompted the temporary withdrawal of police and lessened extrajudicial killings, it was not a “genuine effort to prevent crime but rather a temporary attempt to placate public criticism.”
