Metro Manila, Philippines – Former President Rodrigo Duterte, who is facing crimes against humanity charges, has realized he “could die in prison,” his lawyer told International Criminal Court (ICC) judges in hopes of convincing them against proceeding to a full trial.
British-Israeli lawyer Nicholas Kaufman, who led the defense team, quoted Duterte as saying he has “now accepted my fate,” as he waived his right to attend the week-long confirmation of charges hearing, which ended on Friday, Feb. 27.
Kaufman narrated his conversation with his client, which happened on Wednesday, Feb. 25 when he reported what had been said in court, amid a midweek break for the pre-trial hearing.
He told Duterte that the prosecution claimed it has enough evidence even without the former president’s speeches, to which his client said: “But how? I’ve never murdered anyone and they talk about thousands [of killings]?”
The prosecution then asked to strike from the record the inclusion of Duterte’s words in the defense’s closing statement, but the ICC Pre-Trial Chamber I did not deliberate on the motion after Kaufman said it “was not testimony.”
The chamber held the confirmation of charges hearing to determine whether the evidence is sufficient for a full trial.
For ICC senior trial lawyer Julian Nicholls, the remarks were not responsive to arguments, asserting that Kaufman could not testify or make a speech on behalf of his client.
The narration formed half of the defense’s closing statement. Other issues raised were rebuttals to some of the arguments of the prosecution and the victims’ counsel, as well as the defense’s issues on the application of redactions to their oral submissions.
The Wednesday conversation
In open court, Kaufman said he visited the former Philippine leader at the ICC detention center on Wednesday to report what had been said so far in the confirmation of charges hearing.
Duterte, however, “lost the desire” to follow with Kaufman’s report regarding the evidence, even though he was charged with murder and attempted murder in relation to the brutal war on drugs.
According to the lawyer, Duterte’s eyes “simply glazed over” when he discussed his alleged criminal responsibility through indirect co-perpetration, as he explained that the prosecution said it has evidence to convict the former president.
After discussing other details of the case, such as the prosecution’s witnesses, the defense counsel said: “And then, exactly in the spirit of the waiver filed with this court, he looked at me solemnly and said, ‘Mr. Kaufman, Nick, I have done my duty, and I have left my legacy.’”
He continued quoting Duterte: “‘Go to court and do your job, but I can no longer help you. I no longer remember much at all, and I can’t comment on people who I do not know, and on statistics that mean nothing to me.’”
“He then concluded and pronounced as follows: ‘I was a faithful servant to the people, and that is how I wish to be remembered. I have now accepted my fate, and I realized that I could die in prison.’”
Kaufman said they also talked about Duterte’s upcoming birthday, his supporters, and the photos and updates of his family.
“And then finally, his face beamed with pride,” the lawyer said.
Duterte in absentia
Duterte was absent in the course of the confirmation of charges hearing as he said he was “old, tired, and frail.” But more importantly, he maintained that he does not recognize the ICC jurisdiction over him.
“He could have come here, then talk about anything he wanted to, but he chose not to,” Nicholls said, referring to Duterte.
“If Mr. Duterte wants to speak to the court and speak to the gallery, he should come here, request to make an unsworn statement,” the prosecution’s lawyer said.
“He shouldn’t do that through his counsel. So I ask that all of that be given zero weight whatsoever in your determinations,” he told the judges.
Kaufman assured Nicholls it was “purely an explanation” for Duterte not coming to the hearing.
“He has the maximum respect, obviously, for your honors,” Kaufman said of Duterte to the judges.
Kaufman said there is no evidence directly linking his client to the 78 deaths charged in the case, asking the judges to be “guided by coherent evidence and by common sense.”
“If Rodrigo Duterte is to be faulted for anything, it is for his inappropriate choice of language, but he murdered no one out of that huge database of evidence on which the prosecution relies,” he said.
“I ask you to let Rodrigo Duterte return to the Philippines, not to govern, but simply to let him live out the rest of his days in peace, in his humble dwelling, in Davao,” he said.
The government said around 6,000 people were killed during anti-drug operations in the Duterte administration, but human rights groups said the numbers were higher.
