What’s next in Duterte ICC case? Victims’ lawyers assess as defense takes the floor

THE HAGUE — The pre-trial hearing on the confirmation of charges against former President Rodrigo Duterte will resume on Thursday, 26 February, at the International Criminal Court (ICC) in The Hague, the Netherlands. The next phase of the proceedings—divided into three sessions—will focus on the defense’s submissions on the merits of the case.

Following the second day of hearings, GMA Integrated News spoke to the legal representatives of the victims of the war on drugs.

ICC-accredited assistant to counsel Atty. Kristina Conti said the prosecution, together with the Common Legal Representative of Victims (CLRV), was able to establish a strong evidentiary foundation linking Duterte to the killings carried out during the war on drugs.

“Yung kill list or PRRD list, noong August 2016 naglahad siya ng mahigit 130 names. Ikinagulat natin iyan dahil nagsimula iyan na bilang drug hit list tapos biglang pwede pala Presidente pwede na maglabas ng pangalan,” she said.

(The kill list or PRRD list, in August 2016, he bared more than 130 names. We were surprised with that because it started as a drug hit list.)

Conti explained that the prosecution demonstrated how the list functioned not merely as rhetoric, but as a mechanism that resulted in actual deaths.

“The fact that these people ended up dead indicates as the prosecution says, this is a dead list. Mayroon po palang proseso na kung paanong itong kill list na ito ay maging hit list. Mayroong paraan na mareach out 'yung mga direct perpetrators o 'yung mga pumatay. Sila ay PPP – paid, promoted and pardoned, kung sakali. Ito 'yung promise na walang mananagot,” she said.

Beyond public statements, Conti emphasized that the case rests on a wide range of testimonial evidence, including witnesses from within the system itself.

“Bukod sa statements, maraming witnesses. Di lang simpleng eyewitness, merong tinatawag na insider witnesses na mismong sa organization ay kayang magsabi na ako’y inutusan at ang nag-utos sa akin ay ito,” she said.

(Aside from the statements, there are a lot of witnesses.Not just simple witnesses but insider witnesses who can say that they were ordered to do it and who ordered them.)

While the defense has yet to present its submissions, Conti said the prosecution team is already preparing for trial, expressing confidence that the charges will be confirmed.

“Lumalabas na matibay ang prosecution. Kung anu’t ano pa man, naghahanda na po kami sa trial dahil dito sa confirmation of charges, confident kami na matutuloy na ito. Ang ating stage ngayon ay confirmation of charges hearing, ang ating hinahanap ay substantial evidence – that there exists. Klaro na nakita natin na may basehan," she said.

(You can see that the prosecution is strong. We are preparing for the trial because we are confident that the confirmation of charges will lead to that. We are now at the confirmation of charges hearing which seeks substantial evidence - that there exists. It is clear that there is a basis for the charges.)

"Hindi frivolous ito. Ang confirmation of charges hearing, sa totoo ay ito ay para sa suspect, to ensure that he will not be facing frivolous charges. Unfortunately, mukhang ‘di nya in-avail ang opportunity at tignan natin sa Thursday kung meron pang lalamanin ang kanyang denial,” she added.

(This is not frivolous. The confirmation of charges is for the suspect to ensure that he will not be facing frivolous charges. Unfortunately, it seems Duterte did not avail this opportunity and let us see on Thursday what their denial will be.)

Former Bayan Muna representative and human rights lawyer Neri Colmenares echoed this assessment, describing the prosecution’s presentation on the second day of hearings as “very methodical” and “very strong.” He said the defense may now resort to jurisdictional arguments instead of addressing the evidence directly.

“Baka ang prosecution pupunta na sila sa legal aspect, hindi sa political messaging. Narinig ako na may suggestion si Atty. (Salvador) Panelo kay (Duterte lawyer Nicholas) Kaufman, that he should use jurisdiction. For me, kapag jurisdiction ka na pumunta, paulit ulit natalo ka na doon, ibig sabihin wala kang ebidensya na ipe-present sa confirmation trial para patunayang walang kinalaman si Presidente sa drug war,” he said.

 (The prosecution will tackle the legal aspect and not delve on political messaging. I heard that Atty Panelo suggested to Kaufman that he should use jurisdiction. For me, if you will focus on jurisdiction, you will lose repeatedly because it means you have no evidence to present during the confirmation trial to prove that the President has no involvement in the drug war.)

Colmenares added that so far, the defense has failed to respond point by point to the prosecution’s claims, raising concerns about further delays in the pursuit of justice.

“Hindi na pwedeng mabinbin, 2016 pa pinatay 'yung kaanak nila, 2026 wala pang trial? President Duterte wants to postpone it again. Para sa akin, there is only one conclusion bakit ayaw matuloy ang confirmation of charges? Kasi kapag na-confirm, trial. Pag trial, wala na siyang evidence na maipresent na wala siyang kinalaman, kaya jurisdiction, ad hominem 'yun 'yung gamit ni President Duterte but not point by point counter sa inilahad ng prosecution kasi you expect ‘yun gawin nila. In any case, that’s their choice,” he said.

(It should not be delayed, their loved ones were killed in 2016, it is already 2026 and there is still no trial? President Duterte wants to postpone it again. For me, there is only one conclusion why they don't want the confirmation of charges to proceed. Once the charges are confirmed, there will be trial. During the trial, they won't be able to present evidence that he is not involved so they will instead use the issue of jurisdiction. That is ad hominem, it will not counter point by point the arguments presented by the prosecution.)

As the defense prepares to take the floor, families of victims and human rights advocates are watching closely—aware that confirmation of the charges would mark a decisive step toward a full trial and long-awaited accountability. —AOL, GMA Integrated News