Victims can still apply to participate while Duterte ICC trial is ongoing — lawyer

Drug war victims can still apply to participate in the crimes against humanity case of former President Rodrigo Duterte while his trial is ongoing before the International Criminal Court (ICC), a lawyer said Monday. 

“Even after ng pre-trial, kahit na ongoing na ‘yung trial, pwe-pwede pa rin mag apply for participation ‘yung mga victims. Ongoing ‘yan,” Atty. Joel Butuyan, an ICC-accredited lawyer, told Super Radyo dzBB.

(Even after the pre-trial, even if the trial is already ongoing, the victims can still apply for participation. That is ongoing.)

“Dahil ang main proceedings for the victims to really participate ay ‘yung tinatawag na reparation stage. Ito ‘yung na convict na ‘yung akusado and then pag uusapan na ‘yung danyos na ia-award sa mga biktima,” he added.

(Because the main proceedings for the victims to really participate is what we call the reparation stage. This is when the accused has already been convicted and then the damages to be awarded to the victims will be discussed.)

This came after 303 drug war victims sought to participate in the pre-trial proceedings against Duterte, based on the public redacted version of “Registry Report on Group C Applications for Victim Participation in Pre-Trial Proceedings.” 

The victims and their representatives are clustered into Groups A, B, and C.

According to Butuyan, the individuals placed in Groups A and B are more likely to be qualified.

“Ito ‘yung mga mas may kumpyansa ‘yung VPRS (Victims Participation and Reparations Section) na ma-qualify. Pero ang final decision ay ‘yung pre-trial chamber,” he said.

(This is where the VPRS (Victims Participation and Reparations Section) has more confidence that they will qualify. But the final decision rests with the pre-trial chamber.)

Abante assures ‘protection’ for drug war victims

At the House of Representatives, human rights panel chairperson Bienvenido Abante welcomed the decision of more than 300 victims of the war on drugs to participate in the pre-trial proceedings against  Duterte, assuring them of protection should they decide to testify before the House Quad Committee.

The Quad Comm is composed of the Committees on Dangerous Drugs, Human Rights, Public Order and Safety, and Public Accounts.

“I do not know why they have delayed that for so long. Because when we started the hearing in my committee in the 19th Congress ay sinabi na namin yan, come out (in) the open na. Huwag na kayong magtago. Natatakot sila dahil hindi nila alam kung anong gagawin ng mga ibang mga pulis na involved dyan. Pero I'm so glad na they're now opening up. Kinakailangan na talagang i-open na yan. Kung meron mga 300 na ganyan, mabuti yan. That would be an exciting hearing ng Quadcom," Abante said in an online interview.

(I do not know why they have delayed that for so long. Because when we started the hearing in my committee in the 19th Congress, we told them to come out in the open, don’t hide. They are afraid because they don’t know what the involved policemen will do to them. I’m glad they’re now opening up ... they should really open up.)

When asked if the Quad Comm will invite the said victims, Abante replied, "Yes, papatawag namin yan. (We will call them.) They're open enough to testify, why not? I mean that is what we have been looking for, for quite a long time, for them to testify. Kasi meron lang, palagay kong ano, mga 40, kakaunti pa lang. And now they're opening up."

Abante said he had been encouraging the victims to testify before the Quad Comm in the 19th Congress  through their lawyers.

"We would like the victims to now open themselves up, na mayroon na tayong Quad Comm dito at andito naman kami para protektahan ang mga biktima. It's high time for them to come and we can assure them that kung anuman ang kanilang sasabihin sa hearing na yan, we could be able to give them protection," Abante said.

Former Philippine leader Duterte is  detained at the Scheveningen Prison in The Hague.

His confirmation of charges hearing will take place on September 23, 2025. 

Butuyan explained that the pre-trial chamber will decide whether to refer the case for trial, return it for investigation, or dismiss the case.

Government records showed that there were over 6,000 drug suspects killed in police operations during the previous administration's drug war. Human rights organizations, however, said that the death toll may have reached 30,000 due to unreported incidents. — with Tina Panganiban-Perez/RSJ, GMA Integrated News