MALAYBALAY CITY (MindaNews / 24 February) – The prosecution in the case of crimes against humanity and of murder against former President Rodrigo Duterte zeroed in on the element of command or superior responsibility, highlighting recorded statements that allegedly induced the extrajudicial killings.
Throughout their opening statement, the prosecution built their argument for confirmation on the formation of the Davao Death Squad during Duterte’s term as mayor. They showed video clips where the suspect spoke about the killings and admitted to having created the DDS. They also presented the structure that allegedly ran “Common Plan” involving former police chief and now Senator Rogelio dela Rosa and other alleged co-perpetrators, as well as an incentive system for the killings.
The defense portrayed the charges as a form of persecution to erase Duterte’s “legacy,” and downplayed the suspect’s public declarations used as evidence by the prosecution as merely a manifestation of his bombastic personality which did not necessarily translate into policy.
Nicholas Kaufman, main counsel for the defense, cited how Duterte transformed Davao City from being a hub of communist insurgency and criminal violence to one of the “safest cities” in the Philippines and in the world as well. He attributed his claim to his client’s “lifelong passion for law and order” and refuted accusations that the drug war was a war against the poor by citing policies that aimed to uplift them.
For his part, Joel Butuyan, legal representative of the victims, mentioned the possible implications if the charges are not confirmed. He argued, based on earlier statements by former Justice secretary and now Ombudsman Jesus Crispin Remulla, that “the door to domestic justice is permanently closed for victims of the Duterte extrajudicial killings,” leaving the ICC the only available venue to obtain justice.
Saying that impunity has not stopped in the Philippines despite Duterte’s arrest and detention, Butuyan expressed apprehensions that freeing the former leader would mean giving him the chance to unleash violence against the victims.
The hearing will continue Tuesday and on Thursday and Friday (February 24, 26, 27).
After the hearing, the pretrial chamber will then issue a written decision within 60 days whether the case will proceed to trial based on the evidence presented.
If the charges are not confirmed, the prosecution can submit additional evidence and request a new confirmation of charges hearing.
Or the judges could adjourn the hearing and ask the prosecution to consider providing more evidence or conduct further investigations, or to consider amending a charge if it appears that the evidence presented establishes a different crime. (H. Marcos C. Mordeno/MindaNews)
