Colmenares: Prosecution ‘methodical, very strong’ on second day of ICC confirmation of charges hearing vs Duterte

THE HAGUE, Netherlands – Former Bayan Muna representative and human rights lawyer Neri Colmenares said the prosecution laid down a “very methodical” and “very strong” case on the second day of the confirmation of charges hearing before the International Criminal Court  (ICC) against former President Rodrigo Duterte.

Speaking to GMA Integrated News after the morning session, Colmenares said prosecutors were able to establish the structure and pattern of command behind the killings linked to Duterte’s war on drugs.

“Well, maganda pa rin ang takbo ng second day ng confirmation hearing. Ni-establish ng prosecution kanina yung pattern, ang structure kung saan si President Duterte ang nasa taas at yung order pa baba,” he said.

Colmenares noted that prosecutors presented evidence showing the existence of a government policy, including command circulars and the so-called “Oplan Double Barrel,” which he said were based on Duterte’s own public pronouncements.

According to Colmenares, these were crucial in proving the elements of crimes against humanity.

“Nabanggit kanina yung elements ng crime against humanity, widespread or systematic attack against civilians. Second ay yung policy ng gobyerno in this case. And of course, knowledge of the attack din. Alam ni [former] President Duterte yung mga attack,” he said.

He added that the prosecution, followed by the Victims’ Counsel, laid out the evidence in a structured manner, including witness testimonies, to show responsibility from the top.

“So, basically na laid down, methodically, ng prosecution and later on ng victims… So very methodical na exposition sa kaso and very strong. Kasi they cite evidence, witness testimonies at iba pa,” Colmenares said.

Marcos cooperation ‘not a defense’

Asked to react to claims by Duterte’s camp that President Ferdinand Marcos Jr. was behind the ICC proceedings, Colmenares dismissed the argument as irrelevant to the charges.

“Well, ang problema kay President Duterte, siyempre yung kanyang abogado, mouthpiece niya lang yun,” he said, adding that while Duterte’s camp accuses the prosecution of lacking evidence, it raises allegations without proof.

Colmenares said even if it were true that Marcos cooperated with the ICC, it would not absolve Duterte of liability.

“Kahit mapatunayan niya man na totoo yan, at posibleng totoo naman yan, na nag-cooperate si President Marcos sa ICC, it still is not a defense doon sa crime against humanity na naka-charge sa kanya,” he said.

He stressed that the core issue remains the killings.

“Ang issue dito, may mga namatay, pinatay mo ba?” Colmenares said.

Victims’ lawyers to present merits

Colmenares said the next phase of the hearing would focus on submissions on the merits by the Victims’ Counsel, including accounts of abuses beyond killings.

“Well, ang stage na ’to, submission on the merits ng Victims Counsel. So, yung mga abogado ng biktima ang mag-represent ng kanilang, kung baga, observations,” he said.

He pointed out that during the opening, victims’ lawyers raised allegations of other crimes such as torture and rape, which were not included in the current murder charges.

“Unang nabanggit niya yung iba pang mga krimen other than murder. Yung mga hinuli, tinorture, nirape,” Colmenares said, adding that there is an argument to expand the case to include other inhumane acts.

Colmenares recalled that these allegations were already part of the complaint they filed before the ICC in 2018, when Duterte was still president and immune from suit under Philippine law.

“Actually, yan ang complaint na finile namin noong 2018. Kasama yun, murder at other inhumane acts,” he said.

He expressed hope that these charges would eventually be included, either during the confirmation of charges hearing or in later stages, as victims’ lawyers continue to present testimonies on the alleged killings.

“So basically, yun ang trend ng victims’ exposition dito,” Colmenares said. — BAP, GMA Integrated News