Lawyer says Duterte camp wants IDs that are 'badges of wealth' from poor victims

A lawyer for some of the families of those killed in former President Rodrigo Duterte's war on drugs on Wednesday criticized his legal counsel for proposing a strict verification of victim applicants in his trial for crimes against humanity before the International Criminal Court.

Atty. Joel Butuyan, an ICC-listed lawyer and chairperson of the Center for International Law, said the victims come from among the “poorest of the poor” and do not have passports, driver’s licenses, SSS, GSIS, or any professional license.

“The kind of IDs being demanded by Mr. Kaufman are documents that are badges of wealth and privilege in the Philippines,” Butuyan said in a statement.

“They are unavailable to victims who wallow in poverty, and who constitute the overwhelming number of the people killed by his client," he added.

Duterte’s lead counsel Nicholas Kaufman has informed the ICC Pre-Trial Chamber that the defense team called for limitations to the types of identification documents accepted.

Citing potential risks of fraud and procedural delays, the defense team argued that the court should require a “national identity card and/or a passport containing an up-to-date photograph." 

"In the absence thereof, the defense submits that the Pre-Trial Chamber should require those identification documents accepted in the staggered fashion mandated by the social security system of the Republic of the Philippines," the defense team said.

Butuyan said, "Mr. Kaufman’s comment on the IDs of the victims comes from someone who obviously has no knowledge at all of the Philippine situation. It comes from someone who is totally ignorant of the kind of people who were mass murdered by his client, Mr. Duterte."

Butuyan, who has represented victims in local cases, said the families have already lost loved ones. 

“For them to be refused recognition as victims of the murderous Mr. Duterte, because of their lack of government-issued IDs, is to make them suffer grave injustice twice over,” Butuyan said.

He called the other camp’s proposal for the victims to be represented by the Office of Public Counsel for Victims “abhorrent.” 

“It is totally abhorrent that Mr. Duterte, speaking through Mr. Kaufman, wants his choice to be followed on who should stand as representative of the very people he mass murdered,” Butuyan said.

“No, Mr. Kaufman, the victims must have the say on who should speak for them, and not you who speaks for the mass murderer,” he added.

ICC Assistant to Counsel Atty. Kristina Conti said, "The Defence's observations on the qualification of victims to participate in the ICC proceedings are out of touch and harsh, obviously intended to exclude majority of the victims of Duterte's "war on drugs"."

She added that "their insistence on the use of national IDs is unrealistic, with the obtention and issuance of the cards plagued with consistent issues of delay. Their suggestion to produce passports is anti-poor, as only the socially mobile  have the luxury to avail of cross-country travel."

"Limiting the list of possible proofs of identity only discourages victims unnecessarily, almost heartlessly. We will, obviously, make a rejoinder supporting the initial proposals of the Victims Participation and Reparations Section."

Duterte was flown to The Hague, Netherlands after his arrest on March 11.

The hearing on the confirmation of his charges has been set for September 23. –NB/BAP, GMA Integrated News