The fact that former President Rodrigo Duterte agreed to sign and release a letter waiving his rights to attend his own legal proceedings before the International Criminal Court (ICC) is proof that he is of sound mind but a “pathological” one, according to House Deputy Minority Leader Rep. Leila de Lima.
“For him, nothing and no one is above him. Because of this, other than defiance and denial, the statement only reveals Duterte’s pathological mindset—he still thinks, even when already in prison, that he is not beholden to any law or morality other than his own,” De Lima said in a Facebook post.
The seasoned lawyer, who now represents the Mamamayang Liberal party-list, deconstructed Duterte’s letter as both a “propaganda and legal strategy” on the advice of his chief legal counsel Nicholas Kaufman.
De Lima pointed out that Duterte’s refusal to participate in the pre-trial hearings next week completely tosses out their earlier argument that he was mentally unfit to participate in future proceedings.
“The statement is clear evidence that Duterte is able to defend himself. The statement is meant to serve both as propaganda and legal strategy. It is propaganda as it projects a defiant Duterte but at the same time appeals to the emotion by saying he already expects to die inside prison,” she said.
For De Lima, this position must not be viewed as an “authentic show of defiance” as it benefits Kaufman, who is clearly aware of his client’s “unpredictable” nature, citing Duterte’s behavior in previous public hearings in the Senate and the House of Representatives.
“Duterte’s appearance will not serve any positive purpose but might endanger his defense in case Kaufman is not able to control him before the ICC judges, as Duterte is famous for his outbursts in whatever venue regardless of the solemnity of the occasion. Duterte’s non-appearance is Kaufman’s preemptive damage control,” she said.
De Lima also noted that the letter was “obviously not prepared by Duterte” because he “does not speak in such controlled manner.” She reminded the public that the Davaoeño strongman boasted about the drug war on numerous occasions during his administration.
“Duterte never denied the substance of his drug war. He always boasted about killing and ordering the killing of drug war victims. His own past statements and admissions are the very evidence of his guilt of the crime against humanity he is charged with,” she said.
In his letter, Duterte insisted that he does not recognize the ICC’s jurisdiction over him and asked the Court to respect his peace. He denied overseeing extrajudicial killings as a national policy during his presidency and blamed his current situation on his political opponents.
“The statement reveals that up to now he cannot accept that human beings are subject to accountability for their actions, that the ICC is real, that there is such a higher power and authority that can put him on trial and hold him to account,” De Lima said.
