Duterte defense calls ICC case ‘circumstantial,’ lacking direct evidence

By Erika Mae P. Sinaking, Reporter

THE defense of former Philippine President Rodrigo R. Duterte on Thursday argued that the International Criminal Court’s (ICC) case against him is built on weak circumstantial evidence and contains no direct proof linking him to specific killings.

Lead counsel Nicholas Kaufman told the Pre-Trial Chamber the prosecution’s case is an “artificial construct” relying on “circumstantial data of the lowest quality.” He noted that none of the 49 alleged murder incidents included a witness who could testify to receiving a direct order from Mr. Duterte.

“There is no smoking gun in this case,” Mr. Kaufman said during the livestreamed hearing. “Not one witness relevant to any of the 49 incidents… will testify that he received a direct order from the former President to go out and kill someone.”

The remarks respond to the ICC prosecution’s opening presentation earlier this week alleging that Mr. Duterte oversaw a “common plan” to neutralize civilians through a national network of police and hired assassins. Prosecution lawyer Robynne Croft presented a map of killings to argue the campaign was systematic and met the legal threshold for crimes against humanity.

Mr. Kaufman challenged the prosecution’s narrative using Philippine Drug Enforcement Agency (PDEA) data covering July 2016 to February 2019. The statistics showed 5,281 deaths occurred in 123,441 anti-drug operations, while 176,021 “drug personalities” were arrested. He said the proportion of deaths — 3% of operations — was minimal compared with arrests.

“The only thing that is widespread here, or rather spread wide, is the utility of the prosecution’s statistics,” he said, noting that the prosecution selectively cited 20 of Mr. Duterte’s speeches to imply criminal intent while ignoring 35 others instructing police to follow the law.

Mr. Kaufman also rejected claims that Mr. Duterte used “self-defense” as a cover for extrajudicial killings, calling the argument “complete supposition.” He said the former President’s “colorful and crusty” speaking style did not indicate a deliberate criminal plan.

The defense questioned the prosecution’s definition of the target population, calling the idea that Mr. Duterte launched an attack on the entire Philippine population “bizarre” and highlighting inconsistencies in the theory that the campaign specifically targeted suspected criminals.

Regarding allegations from Mr. Duterte’s time as Davao City mayor, Mr. Kaufman said nine alleged killings were “hardly widespread” and that no bodies had been uncovered to support claims of mass graves at the Laud Quarry, cited by prosecutors as a burial site for 1,500 to 2,000 victims.

“The defense’s role is simply to persuade your honors that Mr. Rodrigo Duterte should not remain in detention for years to come simply because the prosecution cannot make out substantial grounds to believe that this individual committed the crimes with which he is charged,” Mr. Kaufman said.