Kin to tell ICC of victims' sufferings under Duterte’s drug war 

The families of the victims of extrajudicial killings are expected to tell the International Criminal Court (ICC) how they suffered because of the Duterte administration's bloody drug war as the confirmation of charges against former president Rodrigo Duterte commences next month. 

According to Sandra Aguinaldo’s report on “24 Oras” on Wednesday,  appointed lawyer to the victims Gilbert Andres said that they will highlight how the Duterte administration impacted the lives of the victims and of their families. 

“Yung mga napatay  na kaanak nila tapos yung mga emotional, psychological, at mga psychosocial na naging effect. Naka-attach na po yung stigma pati po sa mga surviving na mga kamag-anak po nila. Kaya ayun po ‘yun ang ia-argue namin, yung intergenerational harm,” said Andres. 

(Their relatives who were killed, as well as the emotional, psychological, and psychosocial effects. The stigma is now attached even to the surviving relatives. That is what we will argue, the matter of intergenerational harm.) 

However, Andres said it’s possible that they won't present the witnesses in court for now, but will do so if the actual trial proceeds.

“Very rare na merong in person na witness, very rare na may live witness. Kasi talagang ang ipapairal dito ay mga argumento na dapat ituloy sa trial proper,” said Andres. 

(It is very rare to have an in-person witness; it's very rare to have a witness [at this stage]. This is because the focus will truly be on arguments on why the case should proceed to the trial proper.) 

“Hindi po requirement na iharap doon ang mga biktima, bagkus meron mga heightened security o risk. Kaya ipapakita namin argumento eh 'yung mga na suffered po na harm.” 

(It is not a requirement to present the victims there, especially since there are heightened security risks. Instead, we will present arguments regarding the harm they have suffered.)

Further, the lawyer said that Duterte could attend the trial in person if he wants to. 

“Article 61 ng Rome Statute, gagawin yung confirmation of charges hearing na nasa harap po ng suspek. Pero meron ding provision sa Article 61 na suspect may waive his or her right to be present. Tingnan natin kung ano desisyon ni Mr. Duterte at defense on that issue,” said Andres. 

(Under Article 61 of the Rome Statute, the confirmation of charges hearing is conducted in the presence of the suspect. However, there is also a provision in Article 61 where the suspect may waive his or her right to be present. Let’s see what the decision of Mr. Duterte and the defense will be on that issue.) 

Regarding the possibility that Duterte’s camp might change lawyers and file an appeal, Andres believes this will not be a hindrance to the upcoming hearing.

“Meron pong sinabi ang Pre-Trial Chamber na maging handa po ang mga parties…Kung ano man pong mga pagre-repaso ng depensa, hindi ko po alam ‘yan, pero hindi dapat ‘yan maging hadlang sa pagtuloy ng February 23 confirmation of charges hearing,” he said. 

(The Pre-Trial Chamber has stated that all parties must be prepared... Whatever reviews the defense is conducting, I am not aware of those, but that should not be a hindrance to the proceeding of the February 23 confirmation of charges hearing.) 

After the ruling on Duterte's “fit to stand trial” ruling, the ICC set the confirmation of charges against him on February 23, 24, 26, and 27. Each hearing will only last for three hours. 

The opening of the confirmation of charges hearing will take place on February 23. The opening statement of the prosecution and the prosecution’s submission on the merits will also happen on the first day. 

The prosecution’s submission on the merits will continue on February 24. A time will also be allotted for the submission of the merits of the common legal representatives of the victims (CLRV). 

Meanwhile, the defense will be given time for the submission on the merits on February 26. 

On the last day, February 27, the defense will be given more time for the submissions on the merits. It will be followed by the closing statement of the prosecution, CLRV, and the defense. —Vince Angelo Ferreras/LDF, GMA Integrated News