‘I could die in prison’: Kaufman says Duterte resigned to his fate
Closing his presentation at the confirmation of charges hearing in the International Criminal Court (ICC) on Friday, former President Rodrigo Duterte’s lead counsel, Nicholas Kaufman, painted his client as a somber, frail 80-year-old man with failing memory—detached from the proceedings and resigned to the possibility of dying in prison.
Duterte has been held at the ICC detention facility in the Scheveningen Prison Complex in The Hague since March 12 last year after he was ordered arrested by the court on charges of crimes against humanity for the thousands killed in his war on drugs.
“I tried to engage him concerning the evidence. And he lost the desire to follow me within less than a minute,” Kaufman told the Pre-Trial Chamber I during Friday’s hearing livestreamed by the ICC.
“He repeated the question that he has always asked me for a year or more: ‘How does the prosecution say that I did this? I’ve never murdered anyone’,” the lawyer said.
Kaufman said he tried to engage the former prosecutor, about legal theories like “indirect co-perpetration” Duterte’s eyes simply “glazed over.”
According to Kaufman, Duterte’s final instructions to his team were stark: “Nick, I have done my duty, and I have left my legacy. Go to court and do your job. But I can no longer help you. I no longer remember much at all.”
Quoting Duterte, Kaufman said: “I was a faithful servant of the people, and that is how I wish to be remembered. I have now accepted my fate and I realized that I could die in prison.”
Kaufman said he and his staff tried to lighten the atmosphere by telling the former leader of the pilgrims at “Duterte Street” and “Duterte Park,” a spot outside the detention facility where his supporters, mostly overseas Filipino workers, gather and leave letters and flowers for the leader they admire and adore.
“We reminded him of the mountain of cards and greetings, and of the forest of flowers that he received on his 80th birthday,” he said, shifting from legal arguments to an emotional appeal.
“So many cards, all of which were read by his family, that we had to provide sacks to take them back to our office. So many bouquets of flowers that the prison had to bring a van to take them away,” he said.
He said Duterte only smiled when they mentioned his youngest daughter, Kitty, and showed photos of the civic events attended by his sons—Davao City Mayor Sebastian “Baste” and Davao City Rep. Paolo Duterte—and Vice President Sara Duterte being warmly greeted by a huge crowd.
“He finally beamed with pride,” Kaufman said.
He appealed to the chamber not to confirm any of the charges against Duterte when they decide whether to proceed to a full trial.
