ICC Prosecutor 'confident' Duterte case will go to trial

THE HAGUE, Netherlands — The Deputy Prosecutor of the International Criminal Court has expressed confidence that the case against former President Rodrigo Duterte will move forward to a full-blown trial following the confirmation of charges hearing in The Hague.

“For the confirmation of charge, what we need is just to provide sufficient ground to believe. This is not the phase of the trial… There is enough evidence to believe… that what we are accusing Duterte of is… a reasonable accusation,” said Deputy Prosecutor Mame Mandiaye Niang in an interview with GMA Integrated News.

“It’s out of the question to say that it’s a flimsy accusation. We have presented evidence and mostly with a great deal of speeches from the suspect himself," Niang said.

Asked whether he is confident the case will reach trial, Niang responded firmly.

“Of course, we have to proceed to trial… Even if the defense has pointed… to credibility of witnesses or discrepancy, this is not a matter for the judges at this stage to settle," Niang said.

He also explained that witnesses have not yet undergone cross-examination, as that process is reserved for the trial proper.

'Confident'

Niang also underscored that the threshold of proof is higher during trial — “proved beyond reasonable doubt.” However, he noted that under their internal standards, prosecutors do not seek arrest warrants unless they are confident they can sustain the charges in court.

“Based on our investigation and based on the evidence we collected, we are pretty confident… What I can say is that we are already comfortable," Niang said.

Addressing the defense’s claim that the case is built merely on narrative rather than solid evidence, Niang said prosecutions involving mass atrocities require a combination of different forms of proof.

“Mass atrocities, witness evidence is one thing… Documentary evidence, footage… You have also to prove connection… It’s a continuum and it’s a combination of all of those elements," Niang said.

On the issue of an alleged lack of a “smoking gun” or direct order to kill, Niang maintained that the prosecution’s case remains strong and that it will ultimately be up to the judges to decide.

“We have presented a strong case… and I’m pretty confident that we have made it," Niang said.

Regarding Duterte’s public speeches and his use of the word “neutralize,” the prosecution argued that such statements must be understood within context.

“Words must be understood in context… killing, killing, killing, gun, gun, gun… this was not equivocal at all,” Niang also said.

He added that some documents indicate individuals were “neutralized” after being arrested and detained — a situation he suggested carries only one meaning.

As for claims that the Davao Death Squad was fictional, Niang was unequivocal.

“It’s not a fiction… we have aired quite a number of videos… that this was not fiction.”

Justice

Niang, meanwhile, shared that he had also been trolled on social media but said that such "attacks" would not affect their work.

“You cannot allow such trolling to have an impact on you… we definitely need to preserve ourselves.” Niang said.

Niang had a message for the families of the victims.

“My message to them is… to keep believing in justice… hopefully we will proceed to trial and then that long-awaited justice will come to them.” Niang said.

A decision from Pre-Trial Chamber One is expected within 60 days on whether the case for crimes against humanity for murder and attempted murder will proceed to trial. Should the case move forward, the application process will reopen for other victims who wish to participate.

The judges are also set to separately hear the review of detention. Asked if he strongly believes the case will advance to trial, Niang answered:

“Yes… that’s my strong belief,” Niang said. 

Earlier, Duterte's defense counsel Nicholas Kaufman said he believes that “the judges will take their decision based on the evidence.” 

The evidence has been presented by the prosecution and challenged by us, the defense, and we trust the judges to make the right decision.”

The judges of the Pre-Trial Chamber I are expected to issue a ruling within 60 days.

According to the ICC, the Pre-Trial Chamber may decide to do the following:

• Decline to confirm the charges; such a decision does not prevent the Prosecution from presenting a subsequent request for confirmation of the charges on the basis of additional evidence
• Adjourn the hearing and request the Prosecution to consider providing further evidence or conducting further investigation, or amending the charges
• Confirm the charges and commit the case for trial; upon confirmation, the Presidency of the Court constitutes a Trial Chamber responsible for the subsequent phase of the proceedings: the trial

—VAL, GMA Integrated News