Andres: Prosecution showed ‘more than enough’ grounds to send Duterte to trial

THE HAGUE, Netherlands — Atty. Gilbert Andres, one of the common legal representatives of victims, said the prosecution presented “more than enough” evidence on the second day of the confirmation of charges hearing before the International Criminal Court (ICC) to justify proceeding to a full trial against former President Rodrigo Duterte for his crimes against humanity case linked to his administration’s war on drugs.

In an interview with Marisol Abdurahman, Andres said their presentation focused on three key points:

• the impact of the drug war on victims,
• Duterte’s responsibility, and
• the conditions endured by those affected.

“Una, pinakita namin kung ano bang naging epekto ng drug war campaign dun sa mga biktima,” Andres said. “At ikalawa, pinakita din namin kung ano ba 'yung mga ebidensya pang nagpapatunay na si Mr. Duterte nga ay responsable dun at dapat ituloy na sa isang trial.”

(First, we showed the effect of the drug war campaign to the victims. Second, we showed pieces of evidence proving that Mr. Duterte was responsible for the killings and the trial should proceed.)

He added that they also laid out the lived experiences of victims during the anti-drug campaign.

"Ipinakita din namin ano ba talaga ‘yung mga kalagayan po ng mga biktima nung nangyayari po itong drug war campaign na ito (We also showed the situation of the victims during the drug war campaign),” he said.

Defense opening ‘political’

Asked about the opening statement of the defense counsel, Andres described it as largely political rather than legal.

“Nakita ko na parang mukhang may pagka-political siya kasi sabi niya naman magbibigay siya ng geopolitical context (I think the statement was somehow political because he said he would provide a geopolitical context),” he said, adding that most of the statement focused on political narratives rather than directly answering the allegations.

“Siguro nung last seven minutes na lang, legal na mga argumento nila (The legal arguments were laid out on the last seven minutes of the statement). The most part of it, I think, was geopolitical,” he said.

Andres also rejected claims by Duterte allies that the victims’ submissions were based on rumors.

“Hindi siya chismis kasi base din po ito sa mga aplikasyon ng mga victim participants (It was not rumor because we based it on the application of the victim participants),” he said, stressing that they are prepared to present witnesses should the case move to trial.

“Kung matuloy ang trial, handa po kami magpresenta ng testigo po para talagang patunayan na ito po 'yung mga nangyaring dagok sa mga biktima (If the trial would proceed, we are ready to present witnesses to prove what really happened to the victims),” he added.

No live witnesses yet

Andres clarified that there are no live witnesses at this stage of the proceedings, as the hearing is limited to written submissions and references to prior statements.

“Wala siyang live witnesses. Ngunit may mga references sa mga statements ng witnesses or ng victims (There were no live witnesses yet but there were references to the statements of witnesses or victims),” he said.

He explained that live testimonies would only be presented if the Pre-Trial Chamber confirms the charges and the case proceeds to trial.

‘Substantial grounds’ met

Asked if he was confident the charges would be confirmed, Andres said the victims’ legal team believes the prosecution met the required standard.

“Confident kami na pinakita na nga at pinatunayan nga ng prosecution na mayroong substantial grounds to believe (We are confident that the prosecution was able to show and prove that there are substantial grounds to believe),” he said.

“I think more than enough to show that there are substantial grounds to believe na Mr. Duterte committed the crimes charged,” he added.

Andres pointed out that prosecutors cited Duterte’s own statements as key evidence.

“Ang dami nilang mga ni-reference, (They made several references to) no less than the statements himself of the suspect, Mr. Duterte. Siya po 'yung exhibit A ng mga ebidensya po (He is exhibit A),” he said.

Jurisdiction issue won’t stop proceedings

Addressing questions on the pending jurisdiction challenge before the Appeals Chamber, Andres said the jurisdiction challenge does not suspend the confirmation of charges hearing.

“'Yung issue ng jurisdiction nasa Appeals Chamber siya… habang wala pong desisyon, hindi po 'yan nag-stop doon sa proceedings sa Pre-Trial Chamber (The jurisdiction issue is with the Appeals Chamber, while there is no decision yet, it will not stop the proceedings in the Pre-Trial Chamber),” he said.

He added that, based on international jurisprudence, jurisdictional challenges are rarely granted.

“Kung base lang sa jurisprudence ng mga international criminal tribunal, baka malabong mag-grant 'yung jurisdictional challenge (If it is just based on the jurisprudence of international criminal tribunal, I think it is unlikely that the jurisdictional challenge will be granted),” he said.

Victims ‘satisfied’ but disappointed

Andres said the victims were satisfied that their side was presented before the court, though many were disappointed that Duterte did not personally attend the hearing.

“Talagang nagdadalamhati at nadi-disappoint talaga 'yung mga biktima dahil hindi dumalo si Mr. Duterte (The victims were really disappointed because of Duterte's absence at his confirmation of charges hearing),” he said.

He noted that while the rules allow a suspect to waive appearance, victims hoped to see Duterte face the court.

Call to follow the process

As the defense is set to present its case next, Andres urged the public to closely follow the proceedings and rely on verified information.

“Kahit anumang kulay ng ating politika, ang mahalaga po ay talagang manood po tayo, makinig po tayo at magsaliksik po tayo (No matter our political color, it is important for the public to watch and listen to the hearings and do our research),” he said.

“Huwag lang tayo talagang basta-basta sa fake news (Let us not believe the fake news). Let’s try to know the truth because the truth will set us free.” —AOL, GMA Integrated News