The Hague, Netherlands – Former president Rodrigo Duterte’s lead defense counsel used his closing statement before the International Criminal Court to sharply criticize mainstream media coverage of the case, accusing journalists of disregarding evidence and the presumption of innocence.
In his address before the Pre-Trial Chamber I at the close of the confirmation of charges hearing, Nicholas Kaufman said reporting on the case had followed what he described as a “familiar theme” that “Rodrigo Duterte is finally behind bars where he belongs.”
“As a defense lawyer, I stand up and I talk about due process, fair trial rights, and the presumption of innocence,” Kaufman told judges.
“But what use is that when the whole world has already tried and convicted him? What about the presumption of innocence?,” he added.
Kaufman also criticized victims’ legal representatives, saying their submissions mirrored media narratives. He further accused Philippine media of dismissing his legal arguments as political rhetoric.
“His stance and that of his colleague have reflected the media reporting of this case, namely, complete disregard of the evidence, when I argue that there has been interference in this case at the highest level, relying not on documentation that I have invented, but on documentation given to me by the prosecution as exonerating, they say I’m making a political speech and that my defense lacks substance,” Kaufman said.
“And when I devote more time than the prosecution and the victims together to legal arguments and challenging the evidence, they say I’m nitpicking,” he added.
Speaking to reporters afterward in an ambush interview, Kaufman reiterated his criticism. When asked why he frequently calls out the press, he replied: “Why does the media always criticize my client? Full stop. End of story. Next question.”
Media groups rejected Kaufman’s characterization. In a statement issued Feb. 24, the National Union of Journalists of the Philippines said coverage of Duterte’s anti-drug campaign was “in the public interest and in the interest of justice” and disputed claims that reporting had been twisted or sensationalized.
The group said many newsroom managers were initially hesitant to challenge the widely popular anti-drug campaign and that coverage intensified only after killings mounted and reporters insisted on documenting deaths.
It cited findings by the Commission on Human Rights as early as 2017 that thousands of drug war-related deaths had been documented without prosecutions, as well as a Department of Justice review that found irregularities in some police operations.
The ICC case stems from killings linked to Duterte’s anti-drug campaign, which government records place at more than 6,000 deaths. Duterte faces three counts of crimes against humanity.
Judges have up to 60 days from the end of the confirmation hearing to decide whether there are substantial grounds to confirm the charges and move the case to trial.
