ICC bares charges vs Duterte: Murder of at least 43 people in Davao and nationwide drug war
MANILA, Philippines (Updated March 15, 12:02 a.m.) — The International Criminal Court (ICC) formally presented charges to former President Rodrigo Duterte during his first court appearance Friday, March 14, saying he faces accusations of crimes against humanity for at least 43 killings — specifically 19 by the Davao Death Squad while he was Davao City mayor and 24 by police nationwide during his presidency.
Despite claims by Duterte's legal counsel, Salvador Medialdea, about the former president's poor health, the presiding judge of the ICC Pre-trial Chamber I explicitly stated that the court's doctor had examined Duterte and found him "fully mentally aware and fit." Judge Iulia Antoanella Motoc also noted that while Duterte's physical condition prevented in-person attendance, he was capable of participating via video link on Friday after giving written permission.
The ICC's initial appearance hearing for Duterte was a short proceeding that lasted less than 30 minutes and focused primarily on informing the former president of the specific charges against him, ensuring he understood his rights and setting a date for the next hearing.
The next hearing is set for September 23, when the court will conduct a confirmation of charges hearing where Duterte can challenge the prosecution's charges against him.
Duterte's so-called "war on drugs" as Davao City mayor, and later, as president, has been the subject of investigation by the ICC since 2018. Official police figures report over 6,000 fatalities during the anti-illegal drugs campaign when Duterte was president, yet human rights organizations believe that the true toll could reach as high as 30,000.
During the hearing, Duterte only spoke once: when he was asked to confirm his name and his birthdate. When he was initially asked about his date of birth, he appeared not to hear the question, prompting his Medialdea to request that it be repeated.
While addressing the presiding judge, Duterte spoke with a noticeably shaky voice — in direct contrast to his demeanor during a Facebook live video that was recorded before his arrival in The Hague. In this video, Duterte was able to speak in complete sentences with his characteristic pauses.
Reading of charges
After the formal reading of the charges by the court officer, Motoc addressed the former president directly: "You have just heard the reading of the charges, which are in accordance with the content of the arrest warrant you received. This means that you have been informed of the crimes of which you are accused."
The charges specifically state that the court found "reasonable grounds to believe that Mr. Duterte is criminally responsible pursuant to Article 25.3.A of the Rome Statute as an alleged indirect co-perpetrator for the crime against humanity of murder."
The ICC is alleging that Duterte is criminally responsible for two sets of killings:
- Murder of at least 19 persons, allegedly drug pushers or thieves, killed by members of the Davao Death Squad in various locations in or around Davao City, Philippines between 2011 and 2016
- Murder of at least 24 persons, allegedly criminals, such as drug pushers or thieves or drug users, killed by or under the supervision of members of the Philippines law enforcement, sometimes with the assistance of persons who were not part of the police, at various locations in the Philippines between 2016 and 2019
Duterte attended the hearing via video link from the ICC detention facility, with the court accommodating his health condition by allowing him to remain seated. "I'm not going to ask you to stand up because I know your condition," said Motoc, who was speaking in French but whose words were translated and delivered by a court interpreter.
'Duterte was informed of rights during arrest'
During his manifestation, Medialdea characterized Duterte's transfer to The Hague as "extrajudicial rendition" and a "gross abuse of process." Duterte's counsel also told the court he has "not even been able to explain to [Duterte] what the prosecution requested when seeking the issuance of the arrest warrant."
Medialdea also claimed that he was only given an hour to speak with Duterte before the initial appearance hearing, and that as a result, Duterte cannot properly understand the charges against him or the nature of the proceedings.
However, Motoc said that Duterte had already been informed of his rights under Articles 66 and 67 of the Rome Statute — the ICC's founding treaty — and was aware of the charges against him.
"We have before us the registrar's or the registry's report that says that Mr. Duterte has been informed of his rights, including articles 66 and 67 of the Rome Statute. And that he is aware of his rights and that he is also aware of the charges against him," Motoc said.
The same report from the ICC registry also shows Duterte was "aware of the warrant of arrest in the English language and that he is very well versed in the English language," the chamber's presiding judge added.
Motoc said Duterte will have ample opportunity to raise concerns about the nature of his arrest and transfer leading up to the confirmation hearing.
"There will be a full procedure that will unfurl leading up to the confirmation of charges that will enable Mr. Duterte to raise all the matters that you have just raised with regard to the warrant of arrest, with regard to the crimes committed, with regard to the charges and any other matters associated with his arrest," the judge said.
"And the matters of jurisdiction of the court. You have the opportunity to do this throughout these proceedings leading up to the actual confirmation of charges hearing," she added.
The court has also ordered the prosecutor to begin disclosing evidence related to Duterte's arrest starting today, with complete disclosure required within seven days.
ICC rejects request to postpone hearing
Medialdea also repeated his request to postpone the hearing so he could discuss with Duterte the legal matters surrounding his case.
The court denied this request, Motoc said, because an initial appearance — where the accused will merely be read their rights and told of the charges against them — "does not need much preparation."
Earlier, Vice President Sara Duterte told Agence France-Presse that she and other lawyers of her father attempted to postpone the initial appearance "just so that we can properly sit down with the former president and discuss the legal strategies since we haven't talked to him yet."
Duterte told of rights under Rome Statute
During the hearing, the court also informed Duterte of his rights "as a suspect of this court" for the proceedings ahead.
This includes the right to the assistance of a "competent interpreter," the right to have the time and facilities necessary to prepare his defense, and the right to communicate freely and confidentially with the counsel of his choice.
Duterte was also told of his right to remain silent and that he "cannot be forced to testify against yourself or to confess guilty." He may also make statements in his defense without taking an oath.
Motoc said the ICC prosecutor must also disclose to Duterte as soon as possible all the evidence at his disposal that "shows or tends to show your innocence or to mitigate your guilt, or that could undermine the credibility of the evidence against you."
"At the confirmation of charges hearing, you can contest the charges, challenge the evidence presented by the prosecutor, and present evidence," Motoc said.
"There will be no trial if the charges are not confirmed or if the proceedings against you are completed. You have the possibility to make an application for interim release pending trial," she added.
After all of Duterte's rights were read, Motoc asked if Medialdea understood. He responded: "Yes, we're listening, ma'am. We're listening."
Victim participation
Motoc said the chamber would decide soon if it will allow victims of Duterte's so-called war on drugs to participate in the trial.
"The chamber will also issue a decision on the participation of the victims who, according to the statute of the court and to the extent permitted by the chamber, are authorized to present their views and concerns at this stage of the proceedings," Motoc said.
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