By Joyce Ann L. Rocamora
MANILA – The International Criminal Court (ICC) prosecution argued that the “standard for substantial grounds” to confirm the charges against former president Rodrigo R. Duterte is met and enough for a full trial to proceed.
In the prosecution’s closing statement on the final day of Duterte’s confirmation hearing on Friday, senior trial lawyer Julian Nicholls said lead defense counsel Nicholas Kaufman’s presentations over the past two days showed exactly why the case should go to trial.
“What my friend did today, going through these incidents, trying to pick them apart, that sounded like a closing argument after a trial,” he said.
“The types of issues he raised today and yesterday, in this incident, the first witness says X, the second witness says Y. That’s what gets sorted out at trial. The witness that supports our charge is enough for the confirmation of the charges,” he added.
Nicholls also refuted a defense argument that “neutralization” in the drug campaign only meant subduing suspects, saying there is evidence pointing it means “to kill.”
“Whether we are able to prove it beyond reasonable doubt is another issue. Whether we’re at substantial grounds is clear, we are,” he said.
The argument on neutralization was part of Kaufman’s presentation on the merits on Thursday, when he also asserted there was “no smoking gun” in the case, and that the prosecution failed to establish that Duterte was an indirect co-perpetrator.
Duterte is suspected of the crimes against humanity of murder and attempted murder in connection with the anti-illegal drugs campaign during his term as Davao City mayor and president of the Philippines.
ICC prosecutors accuse Duterte of being “individually criminally responsible” for indirect co-perpetration; ordering and inducing; and aiding and abetting in the following counts:
Count 1: Murders in or around Davao City by the Davao Death Squad 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
Common legal representative of victims Gilbert Andres, who also delivered a closing statement, presented a series of rebuttals on Kaufman’s submissions, including on the issue on the use of Duterte’s speeches to establish criminal intent.
“Under the Philippine Constitution, the executive power shall be vested in the president of the Philippines. Whatever the president publicly states is policy,” he said.
The confirmation of charges hearing was not a trial, but to determine whether there is sufficient evidence to establish substantial grounds that Duterte committed the crimes charged by the ICC prosecution.
Sixty days after the hearing, the ICC Pre-Trial Chamber will issue a decision on whether or not to confirm all or any of the charges. (PNA)
