By Joyce Ann L. Rocamora
MANILA – The drug war in the Philippines under former president Rodrigo R. Duterte was “widespread and systematic,” prosecutors alleged Tuesday before the International Criminal Court (ICC) in The Hague, the Netherlands.
In the submission of merits to the crime, ICC prosecution and trial lawyer Robynne Croft made a case that there was an “attack against civilian population.”
She argued that the attack was also carried out as a “state policy” to neutralize alleged criminals through violent crimes, including murder — effectively establishing the elements of crimes against humanity.
The prosecution argued that Duterte and his alleged co-perpetrators expanded its push to eradicate individuals perceived to be involved in drug-related crimes nationwide, or what it called the Common Plan, using a “national network.”
The network, it said, was comprised of state actors such as law enforcement personnel, as well as non-police assets and hitmen.
The prosecution presented to the Pre-Trial Chamber I a map indicating the location of the killings, including 76 murders contained in Counts 1 to 3 of the charges, which Croft said satisfy the threshold of multiple acts making up the act of “widespread and systematic attack.”
Croft noted that the prosecution relied on a range of evidence, including data sets and the statements of insider witnesses, expert analysis, and admissions of Philippine state agencies.
Between 2012 and 2015 when Duterte was mayor, Croft said at least 274 extrajudicial killings in Davao City were recorded, based on data obtained from public reporting alone.
This figure, she said, is likely higher as one witness supposedly belonging to the Davao Death Squad (DDS) claimed that between 1,500 and 2,000 extrajudicial killing victims were buried in the Laud Quarry in Davao City, one of several places where bodies were allegedly dumped.
Throughout Duterte’s presidency (June 2016 to June 2022), Croft said the attack expanded nationwide, with “the hundreds killed during the mayoral period becoming thousands.”
She cited an independent organization, which recorded at least 5,823 anti-drug killings during the presidential period.
“The data show that the attack during the presidential period was widespread … It occurred across the country. It occurred over multiple years, and thousands of civilians were killed,” she said.
The prosecution said Duterte is “individually criminally responsible” as an indirect co-perpetrator for three counts of crimes against humanity:
Count 1: Murders in or around Davao City by the DDS during the mayoral period
Count 2: Murders of high-value targets during the presidential period
Count 3: Murders and attempted murders in village clearance operations during the presidential period
Targets listed
In the first session, the prosecution said victims were identified by state actors as targets, with high-value targets often listed on the so-called PRRD (President Rodrigo R. Duterte) list. Targets of community clearance operations, meanwhile, were often listed on local drug lists, such as local police station lists.
Said operations, Croft added, were often legitimized by staging “nanlaban” (fight back) scenario to make it appear that that the killing was a result of self-defense.
“Targets were pre-identified, listed and then subject to operations based on that list. This clearly demonstrates the systematicity of the attack,” Croft said.
Among the prominent deaths cited were those of Albuera, Leyte Mayor Rolando Espinosa Sr. in November 2016; Ozamiz City Mayor Reynaldo Parojinog in July 2017; and 17-year-old Kian Delos Santos in August 2017.
The prosecution likewise played several clippings of Duterte’s past speeches, driving its argument that “there was a policy to neutralize alleged criminals by violent means, including murder.”
Croft said Duterte made “essential contributions” to the crimes within the “common plan” framework by offering financial rewards and promotions for killing; maintaining a system of impunity; and authorizing, condoning and encouraging killings through public statements, among others.
She also mentioned several Filipino figures named as Duterte’s co-perpetrators, including then Philippine National Police chief and now Senator Ronald Dela Rosa, and former Justice secretary Vitaliano Aguirre II.
At one point, she presented a video of Dela Rosa addressing a crowd of self-confessed drug addicts in Bacolod City, urging them to kill drug lords.
Also played was a video of Aguirre, presenting a choice whether to build prison first or go against people linked to drug-related crimes, later saying, “if you’re in the Philippines, we will choose to kill these drug lords.”
“These speeches of co-perpetrators show both the scope of the Common Plan and those co-perpetrators’ agreement to it,” Croft said.
The sessions ended with the victim’s counsel, Gilbert Andres, saying the proceedings serve as a “first step towards the truth and towards justice” for the families of the victims.
“The victims pray that this chamber confirms the charges for crimes against humanity for murder against Duterte,” he said.
The third day of Duterte’s confirmation hearing will resume on Feb. 26. (PNA)
