THE HAGUE, Netherlands – There is no such thing as a direct hyperlink from the “stuff that got here out of Rodrigo Duterte’s mouth and the deaths pertinent to the case.”
This was lead protection counsel Nicholas Kaufman’s foremost level when he introduced his arguments on Day 3 of the affirmation of prices listening to on Thursday, February 26.
Offering the nexus is essential for a case like this within the Worldwide Felony Courtroom, and the prosecution, throughout their flip, offered a pyramid of how Duterte’s phrases, lists, and insurance policies resulted within the killings of individuals from the 78 victims included of their prices.
“However the prosecution can’t present such a causal hyperlink. They’ve by no means been ready to try this. They present you a stunning pyramid,” mentioned Kaufman.
One of many particular examples offered by the prosecution on Day 2 was how Duterte threatened to kill Albuera, Leyte mayor Rolando Espinosa, put him on his narco-list, after which he was killed and marked as “neutralized.”
“The variety of people on this so-called kill checklist, the very checklist on which the prosecution depends to indicate the data that loss of life would ensue, is 4,817. Those that are literally neutralized dwarfs as compared and stands at 248. So, assuming that ‘neutralized’ really means killed, which it doesn’t, then there isn’t a digital certainty attributable to Rodrigo Duterte that loss of life would ensue from this kill checklist. Reasonably, a 5% probability,” mentioned Kaufman.
For the prosecution, they had been capable of show a essential aspect, which is that Duterte made an “important contribution” to the crimes, similar to offering logistical assist (the giving out of weapons) and providing monetary rewards.
At this stage, it’s nonetheless a decrease normal of “substantial grounds to consider” to maneuver to trial.
Either side declare win on Spherical 3
For former Duterte Cupboard members, Kaufman’s presentation “shattered” the case.
“The prosecution principle has been shattered to items as a result of the very testimonial proof and the documentary proof introduced by the prosecution [have] been totally rebutted,” mentioned Panelo.
Kaufman additionally hammered on the truth that within the speeches whereby Duterte mentioned to kill, he would additionally say to simply pull out their gun in self-defense. For Kaufman, these sorts of speeches exonerate Duterte. Kaufman additionally cited later circulars by the Duterte authorities that really instructed police to observe due course of. Rappler has earlier reported on these circulars that appeared to attempt to cowl the authorized loopholes of Senator Ronald “Bato” dela Rosa’s unique Oplan TokHang memorandum or police round No. 16-2016.
The victims’ legal professionals, in the meantime, weren’t bothered by Kaufman’s presentation, saying that it was a weak protection.
“That’s a weak argument,” mentioned human rights lawyer Neri Colmenares. Whereas Kaufman mentioned there had been no proof of a “assembly of the minds” between co-perpetrators, Colmenares mentioned such a literal assembly was not wanted.
“I don’t assume there’s any evidentiary requirement that they need to meet collectively to show it. President Duterte, in fact, devised a standard plan. He ordered it, however he simply wants to speak to Bato, [former justice secretary Vitaliano] Aguirre, and say: ‘Look. We do that, proper?’ ‘Okay. Sure, sir,’ they agreed,” mentioned Colmenares.
Kaufman insisted there had been no proof of “computerized compliance” down the meals chain, or the prosecution’s pyramid. There’s one insider witness aware of Oplan TokHang, however Kaufman discredited that witness additionally, saying that the kills the witness made had been “on the whim” of a barangay chair.
At one level of the session, Kaufman mentioned there might be no proof of Duterte ordering or abetting the crimes as a result of the prosecution didn’t formally embrace command duty within the prices. Kaufman mentioned the judges mustn’t let the prosecution requalify its prices.
“For those who do — and I consider you shouldn’t, I respectfully submit — you must order the prosecution to resubmit its doc containing the costs and its pre-confirmation transient, and to launch Mr. Duterte within the interim,” mentioned Kaufman.
Kaufman later advised reporters that it was not a proper second request for interim launch. Yearly, the judges need to assessment if Duterte’s detention remains to be needed. The later a part of Day 4 will probably be dedicated to the detention assessment.
‘I don’t make mild of victims’ grief’
Kaufman opened his session by saying that no matter he mentioned that day was in no disrespect to victims.
“The protection doesn’t disrespect the soul of any deceased particular person, nor does it make mild of the lack of life. Any criticism made by us right now won’t be leveled on the family members of these, such because the tearful relative whom I noticed within the gallery right here on Tuesday,” mentioned Kaufman.
The lawyer mentioned that as a result of “in each case of this courtroom, the victims [are] central.”
“In fact, I felt for the poor girl on the gallery yesterday who was crying, as a result of I’m a human being, we’re all human beings, and I don’t make mild of her grief. Nonetheless, I’ve a job to do, and that’s to defend somebody who I consider has been wrongly charged,” mentioned Kaufman.
However Llore Pasco, who misplaced her two sons within the drug warfare, mentioned she nonetheless felt diminished and belittled.
“Nakikita po namin na talagang minaliit po ang aming pagkatao. Kumbaga, parang ni walang halaga ‘yung aming mga mahal sa buhay. Sinasabi na numero lang, parang hindi binigyan ng halaga ‘yung aming paghihirap, ‘yung aming pagdurusa,” mentioned Pasco.
(We noticed that our humanity was belittled. It was as if our family members meant nothing. That they had been only a quantity, like our sufferings and difficulties don’t have any that means.)
– Rappler.com
