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THE HAGUE, Netherlands – Does the prosecution have sufficient to maneuver Rodrigo Duterte, former Philippine strongman, to a trial on the Worldwide Prison Court docket (ICC)?
The prosecution provides a really assured “sure.”
“For whoever was within the courtroom, I believe that there isn’t any doubt we have now put actually a robust case, and I’m fairly assured that within the two months to return, the judges will vindicate us by committing this case to trial,” Deputy Prosecutor Mame Mandiaye Niang instructed Rappler in a one-on-one interview proper after the conclusion of the hearings on Friday, February 27.
Duterte’s lead protection counsel, Nicholas Kaufman, mentioned the whole lot the prosecution introduced had been “rumour.” Kaufman’s presentation on Day 3 was acknowledged even by victims’ attorneys for “lastly being authorized,” nevertheless, in his closing assertion, the British-Israeli lawyer made an emotional attraction that prosecution attorneys needed to strike off the file.
Kauman talked of his newest dialog with the detained Duterte and the way the previous president supposedly mentioned, “I’ve by no means murdered anybody.” Duterte had talked about occasions earlier than of situations he had killed, telling reporters in 2016, for instance, that he had personally shot three males whereas mayor of Davao Metropolis.
“Mr. Kaufman, Nick, I’ve executed my obligation, and I’ve left my legacy. Go to courtroom and do your job, however I can not aid you. I not keep in mind a lot in any respect,” Duterte supposedly instructed his lawyer.
The prosecution’s trial lawyer, Julian Nicholls, rapidly requested to strike that half off the courtroom’s information, saying Kaufman can’t testify on behalf of Duterte.
“[Duterte] might have come right here and talked about no matter he needed to, however he selected to not,” mentioned Nicholls.
Listed here are the highlights of the fourth and last day of Duterte’s pre-trial proceedings.
Rumour?
In his closing statements, Kaufman highlighted that, of the 49 incidents within the prosecution’s costs, solely in two incidents had there been a witness to deduce Duterte’s direct involvement.
One is Incident 1 of the fees, involving three killings by the Davao Demise Squad. The prosecution has an insider witness “who heard Mr. Duterte on the telephone, who heard that the order got here from ‘Superman,’ his consumer’s codename and nickname,” trial lawyer Julian Nicholls instructed the courtroom.
The identify of this witness continues to be a secret.
Kaufman mentioned, citing information, that the witness wasn’t really the particular person on the opposite finish of that supposed telephone name. It was one other particular person, a 3rd get together. When the witness requested who was on the opposite aspect of the decision, the third get together mentioned it was ‘Superman’ (or Duterte).
“So, I repeat my submission with much more emphasis: pure, unadulterated, and undiluted rumour,” mentioned Kaufman.
There’s one other prosecution witness, this time involving the killing of former Albuera Metropolis, Leyte mayor Rolando Espinosa whereas he was detained. He was killed in November 2016 by cops implementing a search warrant on his detention cell to supposedly seize weapons.
Kaufman revealed that the prosecution has a witness “who claimed to have heard however admitted to not have seen something.” The identify of the witness continues to be additionally a secret. Nevertheless, a former prisoner has testified to the Home of Representatives quad committee in 2025 that he heard Espinosa plead with the cops earlier than he was killed. One other quad committee witness, a jail guard, mentioned they had been all made to “face the wall.”
“There’s nothing within the prosecution’s proof to contradict the choice principle proposed for this incident, which is that there was a firefight between the victims and the officers within the police station Leyte Sub-Provincial Jail,” mentioned Kaufman.
To that, Nicholls reiterated why they believed that “neutralize” in all the Duterte-sanctioned circulars and memoranda meant to kill. Espinosa had been on Duterte’s record, which Kaufman mentioned was not a kill record however a prioritization record on who to hunt to make sure public security.
“These victims had been famous neutralized on the record, not on the day they’re arrested, not on the day they go to jail. They’re marked neutralized on the times they’re killed. So, they had been neutralized on the time they had been murdered, per Mr. Duterte’s authorities at the moment,” mentioned Nicholls.
Additionally on Rappler
Are there substantial grounds to imagine?
How substantial is substantial to maneuver this case to trial? In ICC case legislation, the prosecution “should provide concrete and tangible proof demonstrating a transparent line of reasoning underpinning particular allegations.”
Kaufman mentioned the prosecution’s proof to date has not met that normal.
“Layered rumour, conjecture over reliance on confederate proof with gives of digital immunity on the ICC, contradicting statements between contributors in a criminal offense, absolute lack of any linkage in anyway to Mr. Rodrigo Duterte, and a complete lack of help for an alleged crime each within the documentary and forensic file,” mentioned Kaufman.
The prosecution mentioned that at trial, they’ll present that Kaufman’s official authorities information are falsified, and that judges ought to listen to witnesses cross-examined on their testimonies.
Nicholls selected to finish his closing assertion by as soon as once more enjoying a video of Duterte, his final public speech to migrant Filipinos in Hong Kong days earlier than he was arrested and delivered to The Hague.
In that speech, Duterte asks, “They are saying I did it?” and makes a throat-slashing gesture, suggesting a kill. The group laughed and cheered. “Assuming totoo, totoo talaga naririnig ninyo, bakit ko ginawa ‘yan? Para sa sarili ko? Para sa pamilya ko? Para sa inyo at ang inyong mga anak.”
(Assuming it’s true, and it’s actually true what you heard, why did I do it? Is it for myself? Is it for my household? It’s for you and your kids.)
The speech goes on to indicate Duterte making his last want if he’s ever jailed within the ICC: that’s, when he comes residence, a monument is erected for him, not holding a guide just like the nationwide hero Jose Rizal, however holding a gun.
“He’s simply taking credit score for killing his personal individuals,” mentioned Nicholls.
“He should reply for the lifeless. The victims demand it. Justice calls for it. And for functions of affirmation, the proof calls for it. We now have confirmed it to the extent for this to be sure over for trial,” mentioned Nicholls. – Rappler.com
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