Damaging Du30 videos may be used in ICC trial
Incriminating videos of former President Rodrigo Duterte speaking about his deadly antidrug war will likely be included in the evidence to be presented against him in the International Criminal Court (ICC).
Human rights lawyer Kristina Conti and other lawyers representing the drug war victims said that much of the evidence they found during the preliminary examination and investigation stage was public statements of the former leader.
“Videos of Duterte making statements will be there because that is evidence of intention,” she told the Inquirer in a phone interview.
ICC prosecutor Karim Khan has already submitted for the perusal of Duterte’s defense team 421 pieces of written evidence, amounting to 8,565 pages.
The documentary evidence also likely includes the Command Memorandum Circular No. 16-2016 of the Philippine National Police, Conti said.
The memo, issued on Duterte’s first day in office on July 1, 2016, introduced “Project Double Barrel,” which was seen as a replication of his antinarcotics policy as Davao City mayor.
“That is surely included because that [circular] has a national scope,” said Conti, who is assisting families of drug war victims through the Rise Up for Life and Rights group.
Last week, the ICC Prosecutor informed the ICC Pre-Trial Chamber (PTC) 1 that it would present around 8,000 pages of evidence, in addition to photos and audio-video files, when the tribunal holds the confirmation hearing in September.
The confirmation hearing, scheduled from Sept. 23 to 26, is meant to determine whether the charges of murder as a crime against humanity against Duterte would proceed to a full-blown trial.
The initial set of evidence was part of a collection of 168,575 pieces of evidence, including those that had yet to be vetted.
Emblematic
Conti explained that while the prosecution was able to gather evidence during its probe, it needs to submit to the court those that are “emblematic of the actual merits of the case,” specifically those that would implicate him as a mastermind, or an “indirect coperpetrator.”
“What is truly relevant is what would prove the elements of the case, [including evidence pointing to] a widespread and systematic plan to attack,” said Conti.
Of true relevance
The PTC pointed out in an April 17 decision that the prosecution “should only disclose evidence that is of true relevance to the case and capable of supporting a particular factual allegation.”
Conti noted that the prosecution, led by Karim Khan, would find it difficult to prove that Duterte directed or planned a particular killing.
The survivors of those killed in the drug war could seek recognition and reparations, if Duterte is found guilty in the ICC.
Those who suffered various forms of harm and trauma, classified as “indirect victims,” are now awaiting the start of the process for inclusion after the court widened the valid identification documents that they can submit to the court for proof of identity.
