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Murder of at least 43 people in Davao and nationwide drug war
By J.Lo
“We have before us registrar’s or registry’s report that says Mr. Duterte has been informed of his rights, including articles 66 and 67 of Rome Statute…and that he is aware of his rights and that he is also aware of charges against him,” Judge Iulia Antoanella Motoc said International Criminal Court (ICC) formally presented charges to former President Rodrigo Duterte during his first court appearance Friday, March 14, saying he faces accusations of crimes against humanity for at least 43 killings specifically 19 by Davao Death Squad while he was Davao City mayor and 24 by police nationwide during his presidency.
Despite claims by Duterte’s legal counsel, Salvador Medialdea, about former president’s poor health, presiding judge of ICC Pre-trial Chamber I explicitly stated court’s doctor had examined Duterte and found him “fully mentally aware and fit.” Motoc also noted that while Duterte’s physical condition prevented in-person attendance, he was capable of participating via video link on Friday after giving written permission.
ICC’s initial appearance hearing for Duterte was short proceeding that lasted less than 30 minutes and focused primarily on informing former president of specific charges against him, ensuring he understood his rights and setting date for next hearing.
Next hearing is set for September 23, court will conduct confirmation of charges hearing where Duterte can challenge prosecution’s charges against him.
Duterte’s so-called “war on drugs” as Davao City mayor, and later, as president, has been subject of investigation by ICC since 2018. Official police figures report over 6,000 fatalities during anti-illegal drugs campaign when Duterte was president, yet human rights organizations believe true toll could reach as high as 30,000.
During hearing, Duterte only spoke once: when he was asked to confirm his name and his birthdate. When he was initially asked about his date of birth, he appeared not to hear question, prompting his Medialdea to request that it be repeated.
While addressing presiding judge, Duterte spoke with noticeably shaky voice in direct contrast to his demeanor during Facebook live video that was recorded before his arrival in The Hague. In this video, Duterte was able to speak in complete sentences with his characteristic pauses.
After formal reading of charges by court officer, Motoc addressed former president directly: “You have just heard reading of charges, in accordance with content of arrest warrant you received. This means that you have been informed of crimes you are accused.”
Charges specifically state that court found “reasonable grounds to believe Mr. Duterte is criminally responsible pursuant to Article 25.3.A of Rome Statute as alleged indirect co-perpetrator for crime against humanity of murder.”
ICC is alleging Duterte is criminally responsible for two sets of killings:
- Murder of at least 19 persons, allegedly drug pushers or thieves, killed by members of the Davao Death Squad in various locations in or around Davao City, Philippines between 2011 and 2016
- Murder of at least 24 persons, allegedly criminals, such as drug pushers or thieves or drug users, killed by or under the supervision of members of the Philippines law enforcement, sometimes with the assistance of persons who were not part of the police, at various locations in the Philippines between 2016 and 2019
Duterte attended hearing via video link from ICC detention facility, with court accommodating his health condition by allowing him to remain seated. “I’m not going to ask you to stand up because I know your condition,” said Motoc, who was speaking in French but whose words were translated and delivered by court interpreter.
During his manifestation, Medialdea characterized Duterte’s transfer to The Hague as “extrajudicial rendition” and “gross abuse of process.” Duterte’s counsel also told court he has “not even been able to explain to Duterte what prosecution requested when seeking issuance of arrest warrant.”
Medialdea also claimed he was only given an hour to speak with Duterte before initial appearance hearing, and that as result, Duterte cannot properly understand charges against him or nature of proceedings.
However, Motoc said that Duterte had already been informed of his rights under Articles 66 and 67 of the Rome Statute, ICC’s founding treaty and was aware ofcharges against him.
Same report from ICC registry also shows Duterte was “aware of warrant of arrest in English language and that he is very well versed in the English language,” the chamber’s presiding judge added.
Motoc said Duterte will have ample opportunity to raise concerns about nature of his arrest and transfer leading up to confirmation hearing.
“There will be full procedure that will unfurl leading up to confirmation of charges that will enable Mr. Duterte to raise all matters that you have just raised with regard to warrant of arrest, with regard to the crimes committed, with regard to charges and any other matters associated with his arrest,” the judge said.
“And the matters of jurisdiction of court… you have opportunity to do this throughout these proceedings leading up to actual confirmation of charges hearing,” she added.
Court has also ordered prosecutor to begin disclosing evidence related to Duterte’s arrest with complete disclosure required within seven days.
Medialdea also repeated his request to postpone hearing so he could discuss with Duterte legal matters surrounding his case.
The court denied this request, Motoc said, because initial appearance where accused will merely be read their rights and told of charges against them “does not need much preparation.”
Earlier, Vice President Sara Duterte-Carpio and other lawyers of her father attempted to postpone initial appearance “to properly sit down with former president and discuss legal strategies since we haven’t talked to him yet.”
During hearing, court also informed Duterte of his rights “as suspect of this court” for proceedings ahead.
This includes right to assistance of “competent interpreter,” right to have time and facilities necessary to prepare his defense, and the right to communicate freely and confidentially with counsel of his choice.
Duterte was also told of his right to remain silent and that he “cannot be forced to testify against himself or to confess guilty.” He may also make statements in his defense without taking oath.
Motoc said ICC prosecutor must also disclose to Duterte as soon as possible all evidence at his disposal “shows or tends to show innocence or to mitigate guilt, or that could undermine credibility of evidence.”
“At confirmation of charges hearing, you can contest charges, challenge evidence presented by prosecutor, and present evidence, no trial if charges are not confirmed or if proceedings completed…you have possibility to make application for interim release pending trial,” Motoc said.
After all of Duterte’s rights were read, Motoc asked if Medialdea understood. He responded: “Yes, we’re listening, ma’am. We’re listening.”
Motoc said chamber would decide soon if it will allow victims of Duterte’s so-called war on drugs to participate in the trial.
“Chamber will also issue decision on participation of victims who, according to statute of court and to the extent permitted by chamber, are authorized to present their views and concerns at this stage of the proceedings,” Motoc said.
ISKUP! 