ICC names Bato, Bong Go as Duterte co-perpetrators

The alleged co-perpetrators of former president Rodrigo Duterte were named in a document released by the International Criminal Court (ICC) on Friday (The Hague time).

According to the Document Containing the Charges (DCC) submitted by the Prosecution, Duterte's co-perpetrators in the "common plan" to "neutralize alleged criminals" through "violent crimes including murder" are as follows:

- Senator Ronald "Bato" dela Rosa, chief of the Davao City Police from January 2012 to October 2013, and chief of the Philippine National Police (PNP) from July 2016 to April 2018;

- Vicente Danao, chief of the Davao City Police from October 2013 to June 2016; counterintelligence chief, PNP Directorate for Intelligence from July 2016 to February 2017; chief of Directorial Staff and then Deputy Director for Operations of the PNP Criminal Investigation and Detection Group (CIDG) from February 2017 to November 2018; and Manila Police District director from November 2018 to October 2019;

- Camilo Cascolan, as finance chief of Davao Region Police Office from 2011-2012; chief of the PNP Directorate for Operations from July 2016 to April 2018; regional director of the National Capital Region Police Office (NCRPO) from April to May 2018; and chief of staff in the PNP Office of the Chief of Directorial Staff from September 2018 to October 2019;

- Oscar Albayalde, as regional director of NCRPO from July 2016 to April 2018; chief of the PNP from April 2018 to October 2019;

- Senator Bong Go, Duterte's personal aide and special assistant from 1998 to 2016; Duterte's special assistant and chief of the Presidential Management Staff from June 2016 to October 2018;

- Dante Gierran, Davao regional director of the National Bureau of Investigation (NBI) from 2013 to 2016; NBI director from 2016 to 2020;

- Isidro Lapeña, Davao City Police chief from 1996 to 1998; chief of the Philippine Drug Enforcement Agency (PDEA) from 2016 to 2017;

- Vitaliano Aguirre II, lawyer for Duterte and other members of the Davao Death Squad (DDS); secretary of the Department of Justice from July 2016 to April 2018; and

- other members of the PNP and high-ranking officials.

'Unfair'

In a statement, Go described the ICC document as "unfounded" and "unfair."

“I dispute these allegations, which are entirely unfounded, one-sided, unfair, and bear no relation to the reality of my roles and responsibilities during my service as Special Assistant to the President from June 2016 to October 2018 as well as Executive Assistant to the Mayor of Davao City from 1998 to 2016,” Go said.

“Let me be clear, at no time did I have any involvement in, knowledge of, or authority over these allegations,” the senator said.

Aguirre meanwhile on Saturday denied participating in alleged extrajudicial killings linked to the controversial drug war of Duterte.

“I've never engaged in any extrajudicial killings,” he told GMA Integrated News in an online interview. “Ni hindi ko nga sinuportahan ‘yan kung mayroon man. Ni hindi ko nga alam ‘yan eh.”

(I didn’t even support that, if there really were any. I didn’t even know about it.)

The former Justice Secretary said he is “prepared to fight” any charges or accusations against him, but he is unsure if a warrant of arrest has been issued at this time.

"I'm going to face any charge because I’m completely innocent of any crime. I was never part of the extrajudicial killings, of this war on drugs, or anything like it."

Aguirre argued, however, that the ICC has no jurisdiction over the Philippines after the country withdrew from the Rome Statute.

Duterte's lead defense counsel Atty. Nicholas Kaufman said the former president and his team "have known the identities of the alleged co-perpetrators for almost a year."

"Accordingly, the Prosecution has now revealed the names of what it alleges to be criminal co-perpetrators—something that we will prove to be completely lacking in truth. None of these co-perpetrators are, in my opinion, currently subject to arrest warrants," he said in a message to GMA Integrated News.

In an interview on Super Radyo dzBB on Saturday, ICC Assistant to Counsel Atty. Kristina Conti said she was not surprised by the list of Duterte’s co-perpetrators.

“Inaasahan namin ito… (We’re already expecting this),” Conti said.

The counsel for drug war victims added that their camp still has no knowledge if there are already warrants of arrest against the listed co-perpetrators.

“Sa ngayon, wala pa tayong alam pero puwede ring mayroon na kaya nga nagtatago, pero ang iintayin natin ay signed issued warrant of arrest,” she said.

(For now, we are not aware [if there are warrants of arrest] but it is possible, that is why some are hiding, but let us wait for the signed issued warrant of arrest.)

Advocacy group International Coalition for Human Rights in the Philippines asked the ICC to "urgently issue" arrest warrants for the alleged co-perpetrators.

“ICHRP calls for the ICC to urgently issue arrest warrants for Dela Rosa, Go and the others named so that they can also face trial, along with their boss Duterte… It remains abundantly clear that the Philippine judicial system is unable to prosecute these alleged co-perpetrators. While still at large they are a risk for destruction of evidence, intimidation of witnesses and also flight risks,” said ICHRP chairperson Peter Murphy.

Charges

The ICC released on its website on February 13 a public lesser redacted version of the DCC.

The DCC also listed the charges filed against Duterte, among which is being individually criminally responsible for crimes charged in Counts 1 to 3 as an indirect co-perpetrator.

Counts 1 to 3 are as follows, according to the DCC:

"a. Count 1: Murders in or around Davao City during the Mayoral period by the DDS;

b. Count 2: Murders of High-Value Targets during the Presidential period;

c. Count 3: Murders and attempted murders in barangay clearance operations during the Presidential period"

"At least between 1 November 2011 and 16 March 2019, DUTERTE and his coperpetrators shared a common plan or agreement to ‘neutralise’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder (“Common Plan”)," the DCC read.

According to the DCC, "DUTERTE ordered members of the DDS and the National Network, over whom he had authority as Mayor of Davao City and Head of the DDS, and later, President of the Philippines, to commit the crimes in Counts 1 to 3... One or more of these members carried out DUTERTE’s orders, which led to the commission of the crimes in Counts 1 to 3."

"DUTERTE induced members of the DDS and the National Network to commit the crimes in Counts 1 to 3... DUTERTE exerted influence over the members of the DDS and the National Network, prompting them to commit the relevant crimes." it further read.

The former president also allegedly "aided, abetted or otherwise assisted members of the DDS and the National Network to commit the crimes in Counts 1 to 3...By these acts, DUTERTE facilitated and/or provided moral encouragement for the relevant crimes," it added.

"For these reasons, Rodrigo Roa DUTERTE is criminally responsible for:

Count 1: Murder as a crime against humanity in Davao City during the Mayoral period of the 19 victims of Incidents 1 to 9, between 2013 and around June 2016, pursuant to articles 7(1)(a) and 25(3)(a) (indirect co-perpetration) and/or 25(3)(b) (ordering and/or inducing) and/or 25(3)(c) (aiding and abetting);

Count 2: Murder as a crime against humanity of ‘High-Value Targets’ in locations across the Philippines during the Presidential period of the 14 victims of Incidents 10 to 14, between around July 2016 and July 2017, pursuant to articles 7(1)(a) and 25(3)(a) (indirect co-perpetration) and/or 25(3)(b) (ordering and/or inducing) and/or 25(3)(c) (aiding and abetting);

Count 3: Murder and attempted murder as crimes against humanity in barangay clearance operations in locations across the Philippines during the Presidential period of the 45 victims (43 murders and two attempted murders) of Incidents 15 to 49, between around July 2016 and September 2018, pursuant to articles 7(1)(a) and/or 25(3)(f) and 25(3)(a) (indirect co-perpetration) and/or 25(3)(b) (ordering and/or inducing) and/or 25(3)(c) (aiding and abetting).," the DCC read.

The document was signed by Deputy Prosecutor Mame Mandiayae Niang.

Duterte remains detained at the ICC Detention Center in Scheveningen in The Hague, Netherlands.

GMA News Online contacted the camp of dela Rosa, as well as Lapeña, Albayalde, and Danao and will update this story when they issue statements.

Cascolan passed away on November 24, 2023. —with reports from Ted Cordero and Jiselle Anne Casucian/KG/VBL, GMA Integrated News