Duterte's defense bares duration of argument in ICC confirmation of charges hearing
Metro Manila, Philippines - The defense team of former President Rodrigo Duterte has submitted to the International Criminal Court Pre-Trial Chamber I the expected number of hours it will argue against his alleged crimes against humanity during the confirmation of charges hearing in September.
Duterte’s lead counsel Nicholas Kaufman said the defense is expected to have 30 minutes for the opening statement and another 30 minutes for the closing statement during the hearing set on Sept. 23.
“In its oral presentation which will last 3-4 hours, the Defence will expand, inter alia, on a number of core legal issues which concern the modes of liability imputed to Mr Duterte and the contextual requirements of crimes against humanity,” Kaufman said in a document titled “Defence Observations on the Organisation of the Hearing on the Confirmation of Charges” dated Aug. 22.
“For the sake of clarity and the historical record, Mr Duterte did not commit any criminal offence,” Kaufman said. “Mr Duterte served his city and country, faithfully and with pride, for many years.”
Through the confirmation of charges hearing, the ICC Pre-Trial Chamber I will determine whether the prosecution has sufficient evidence for the case to proceed to a trial.
Duterte is accused of committing crimes against humanity linked to his bloody war on drugs.
ICC receives stories of EJK victims
Meanwhile, the ICC Registry submitted to the Pre-Trial Chamber I a sample of applications for victim participation in the pre-trial proceedings classified as “Group C.”
“Group C” refers to applicants whom the ICC Registry could not make a clear determination for any reason.
Considered victims are those who personally suffered harm, whether direct or indirect, as a result from the crimes Duterte is charged with.
The Victims Participation and Reparations Section has received a total of 303 applications to take part in Duterte’s ICC case, which covered alleged crimes against humanity of murder from Nov. 1, 2011 to March 16, 2019.
In the Aug. 20 document, the registry also extracted selected quotes from Group C applicants, who have revealed stories of pain and anger towards Duterte for his anti-drug campaign that killed thousands of Filipinos.
“Even in death [my son] was not treated with dignity. […] It was like they just threw my son in like a pig. […] [My] son was already dead, yet it felt like [he] was still being killed - not just by the injustice of his death but by the indifference of those in power. […] To this day, the pain has not faded,” an applicant said.
Others detailed how they were greatly affected by the death of their relatives during the “Tokhang” era, with others saying their mental health problems and trauma have resulted in job loss, among others..
“Now, I am still suffering from trauma. Whenever I see a patrol car, I get afraid because I would imagine the bodies of my [Redacted] sons thrown into a patrol car that day. Whenever I see a police officer, I would be enraged,” another applicant said.
They also emphasized how they cannot seek justice through the country’s judicial system.
“[My nephew] said that he heard the armed men [say before] they proceeded to shoot: 'Ulohan niyo na yan' which translates to shoot them in the head, just to make sure that no one could witness or testify with regard to the incident,” an applicant also claimed.
The ICC Registry was directed to transmit applications classified as “Group A” and “Group B” by no later than Aug. 27.
“Group A” applicants are clearly qualified as victims while Group B applicants are those clearly not qualified as victims, according to the ICC.
