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Victims’ camp reject Panelo’s claims, say prosecution case ‘stands firm’ after Day 3 of ICC hearing
THE HAGUE, Netherlands — The victims’ camp rejected claims by Salvador Panelo III that the prosecution’s case had been weakened, saying evidence presented before the International Criminal Court (ICC) remains strong and sufficient to confirm charges against former President Rodrigo Duterte.
Speaking to reporters after the third day of the confirmation of charges hearing, human rights lawyer Neri Colmenares said he saw no indication that the defense had “shattered” the prosecution’s case, contrary to claims made earlier in the day.
“Actually, wala akong nakita nag-shatter,” Colmenares said.
“In fact, sa hinala namin na mahina ang ebidensya ng depensa, confirmed. Sa aming sinasabi na malakas ang ebidensya ng prosekusyon, confirmed.”
Former presidential spokesperson and legal counsel Salvador Panelo III said in an interview, “The prosecution theory has been shattered to pieces.”
“Because the very testimonial evidence and documentary evidence presented by the prosecution have been thoroughly rebutted,” he added.
Colmenares pushed back against the arguments of the defense questioning whether the killings were “widespread,” noting that crimes against humanity do not require perpetrators to formally meet to prove a common plan.
“Wala akong nakitang procedural requirement na kailangan mag-meeting for a common plan,” he said, adding that the alternative explanation, that thousands of police officers killed randomly, was implausible.
“Hindi makukumbinsi ang korte na yung mga nangyari pala na patayan na libo-libo sa Pilipinas ay dahil masama lang ang gising ng mga pulis sa araw na yun,” Colmenares said.
He said the prosecution clearly showed a pattern: public vilification of targets, executions carried out openly, and alleged cover-ups.
“It was an order, there was a pattern… and lastly, there was also a pattern ng cover-up,” he said.
Former President Rodrigo Duterte's lawyer Nicholas Kaufman slammed the allegation of the prosecution that Duterte "launched an attack on the entire population of the Philippines pursuant to a policy to neutralize persons perceived or alleged to be engaged in crime."
"Such a suggestion is not just incomprehensible; it is quite bizarre," he said.
‘Minimizing deaths hurts victims’
Colmenares also criticized defense statements that downplayed the scale of the killings by describing them as “minimal,” saying such arguments deeply hurt the families of victims.
“Doon nasaktan nga ang mga kaanak ng biktima eh. Kasi parang na-minimize mo yung pagkamatay ng kanilang kaanak,” he said.
He also rejected insinuations that the case was politically motivated or instigated by President Ferdinand Marcos Jr., stressing that the complaint was filed years before Marcos took office.
“Noong 2018, hindi pa presidente si Marcos. Para yan sa hustisya,” Colmenares said.
Kaufman, on Thursday, also asked if anyone has thought of investigating President Ferdinand Marcos Jr. as Kaufman claimed that the vigilante killings continued even after Duterte stepped down from office.
Prosecution evidence ‘stands’
ICC Assistant counsel Kristina Conti echoed Colmenares’ assessment, saying the defense failed to undermine the prosecution’s core evidence.
“Shattered might mean so many things, pero at this point, it has not been shattered na entirely sira ang kaso. The case stands,” Conti said.
She pointed out that the defense did not deny Duterte’s public statements, which prosecutors cited as key evidence.
“They have not denied any of the statements or speeches made by the president,” she said.
“For people who were in the Philippines… ang take away nila doon, pumatay.”
Conti cited the case of Kian delos Santos as an example where police claims of “nanlaban” were disproven.
“Hindi po nanlaban si Kian De Los Santos,” she said.
The Supreme Court has affirmed the murder conviction of three cops for the killing of 17-year-old Kian delos Santos during the drug war in 2017.
In a 40-page decision, the SC Second Division found Arnel Oares, Jeremias Pereda, and Jerwin Cruz guilty beyond reasonable doubt of murder and sentenced them to reclusion perpetua or up to 40 years of imprisonment.
She also addressed arguments focusing only on the number of deaths, noting that crimes against humanity cover a broader range of acts.
“The crimes or the acts within the crimes against humanity encompass so many other acts, including yung pagkukulong at pag-arrest,” Conti said, referencing figures placed on record by the defense itself showing more than 118,000 arrests.
On witnesses and accountability
Responding to claims that witnesses were “self-proclaimed criminals,” Conti said the ICC’s jurisdiction extends to all perpetrators of crimes against humanity, but prosecutorial strategy focuses on those most responsible.
“By prosecutorial strategy, they have chosen, and with reason, to go only after the most responsible,” she said.
“If these persons killed individuals in the Philippines, they should also be subject to an investigation and potential trial,” Conti said.
In his final submissions on the merits, Kaufman said the prosecution relies on the evidence it obtained from “the criminals it has recruited,” whom he deemed unreliable for being “self-confessed vicious murderers.”
“The Prosecution’s star witnesses are self-confessed murderers and most of their statements were taken by the Prosecution’s investigators with the assurance of limited use, namely that anything self-incriminating would not be used against them in proceedings at the ICC,” he said.
Victims look ahead to trial stage
Conti said the legal teams are now preparing for the next phase, including additional applications for victims’ participation should the case proceed to trial.
“Confident na po kami… may next round po ng application for victims' participation,” she said.
She recalled that around 1,500 individuals participated when the ICC sought victims’ views during the Article 15 process in 2021.
“I think there would be definitely more who could come up,” she said.
Families express resolve
Relatives of those killed, including Llore Pasco and Sheerah Escudero, said they felt more confident after the hearing today.
One of them said that while there was uncertainty at first, the outcome of the day’s hearing brought a sense of resolve.
“Ngayon, very comfortable na kami… talagang willing na po kami na humarap,” a victim’s relative said.
After the hearing, the victims’ camp held an ecumenical prayer service followed by a candle lighting activity for the victims of alleged extrajudicial killings.
Llore Pasco, mother of two slain drug war victims Cristanto and Juan Carlos, said her only prayer is for justice to prevail.
“Wala namang iba kundi justice para sa aking mga anak at para sa lahat ng mga biktimang pinaslang ni Duterte,” she said. — BAP, GMA Integrated News
