EJK victims lawyer open to filing charges vs. cops who enforced Duterte drug war

A lawyer of the victims of extrajudicial killings said on Wednesday that there is a possibility that they will file charges against the policemen and officials who enforced the deadly war on drugs in the administration of former president Rodrigo Duterte. 

“Pag-aaralan, pero ‘yes (It should be studied, but ‘yes’)’, I would recommend filing charges against the “small fry” because that is how the ICC envisions its role,” said Kristina Conti, who also serves as International Criminal Court assistant to counsel, in Bagong Pilipinas Ngayon.

“Ang ICC, doon siya sa mga pinakamatataas, kasi baka hindi na kayanin or walang oportunidad sa lokal na jurisdiction, pero bukas na bukas pa rin ang domestic courts ay mag-entertain ng katulad ng mga charges at doon sa mismong kumalabit ng gatilyo o kaya doon sa mga chief of police o kaya doon sa mga—para komprehensibo iyong hustiyang matanggap,” she added. 

(The ICC, is intended for those among the highest, because perhaps the case is difficult to pursue or there is no opportunity in the local jurisdiction, but it is still very open for domestic courts to entertain similar charges and those who pulled the trigger or those who are the chiefs of police or those who are—so that justice is received comprehensively.) 

Former president Rodrigo Duterte, who is being held responsible for the drug war, is currently detained at Hague Penitentiary Institution or the Scheveningen Prison for his alleged crimes against humanity. 

Government records showed that there are over 6,000 drug suspects killed in police operations. Human rights organizations, however, estimate the death toll may have reached 30,000 due to unreported incidents. 

Duterte will have an “all-foreign” defense team as he faces trial before the ICC. British-Israeli lawyer Nicholas Kaufman earlier said he was “formally appointed” as part of the legal team. 

Conti said that regardless of nationality, having an expert in a legal team would be a big help in the case. But she pointed out how ironic that Duterte will have foreign legal counsels despite his earlier pronouncements that he wants to be tried in Philippine courts. 

“Dito sa ICC may iba ang kultura, may ibang approach (Here at the ICC, there’s a different culture and approach), kaya an expert could very well guide them in crafting not only their defense as to substantial matters but also in approaching this from the procedural perspective,” she said. 

“So, whether these are—again, whether these are foreigner or not is immaterial. Pero akala ko ba—sorry ha, patutsadahan ko—akala ko ba, gusto niyang ma-trial sa isang korte na Filipino lang ang kaharap, Filipino ang kausap, eh, iyon pala, siya rin mismo ay foreigner din manghihingi ng tulong,” Conti added. 

(So, whether these are—again, whether these are foreign or not is immaterial. But I thought—sorry, I'll just go with the flow—I thought, he wants to be tried in a court where only Filipinos are present, Filipinos are talking, eh, that's it, he himself is a foreigner asking for help.) 

The former president already faced the ICC last March 14 via video link. The hearing will resume on September 23, 2025. —RF, GMA Integrated News