“The documentary, visual, and testimonial evidence against Duterte is substantial”
Last Tuesday, Rodrigo Roa Duterte, president of the Republic of the Philippines from June 30, 2016 to June 30, 2022 was taken into custody by police authorities acting on an arrest warrant issued by the International Criminal Court.
The warrant alleges Duterte committed crimes against humanity through murder in his brutal crackdown on drugs that killed thousands of Filipinos during his six-year presidency and even earlier when he was mayor.
Although the government claimed it executed the warrant because of the request of Interpol, the reality is that it is an ICC warrant it implemented
The arrest and immediate transfer of Duterte to The Hague for the next phase of the ICC case – confirmation of charges and trial — is historic. It is a result of an all-of-nation approach.
The documentary, visual, and testimonial evidence against Duterte is substantial. It would be difficult to rebut.
Edgar Matobato and Arturo Lascañas, both former members of the alleged Davao Death Squad (DDS), are expected to testify and provide details for Duterte’s role in the crimes charged as an indirect perpetrator.
Even when Duterte was in power, the families of those killed were relentless in their pursuit of justice. I only have admiration for groups like Rise Up that confronted Duterte even at the height of his power.
The Catholic Church and other Christian denominations made sure that their prophetic voice would be heard as the poor was being massacred. Cardinal Ambo David, Fr. Flavie Villanueva SVD, Fr. Albert Alejo SJ, and Fr. Amado Picardal (our beloved Redemptorist priest Fr. Picx who died last year in Cebu, after going on exile during the Duterte years because of serious threats on his life) are the most prominent in this group but there were others too.
The media coverage of the war against drugs was extensive, especially in the first months of Duterte’s term. The “night crawlers’, the best of our journalists, witnessed and reported how victims were executed rather than killed in legitimate police operations, directly contradicting official reports.
Patricia Evangelista is the most well-known because of her book Some people need killing, but there are several others too.
Autopsy and forensic findings further showed that many victims were shot at close range, often in the head, proving these were summary executions rather than acts of self-defense. My friend Doctor Raquel Fortun led this work.
Lawyers’ groups like the National Union of Peoples Lawyers (NUPL), the Center for International Law (Centerlaw), the Free Legal Assistance Group, and the Mananangol laban sa EJK Manlaban (disclosure: I am a convenor of Manlaban, with Dean Pacifico Agabin who first hired me to join the UP Law faculty 35 years ago) opposed the war against drugs, posing legal challenges at every turn.
Among individual lawyers, former Rep. Neri Colmenares and Atty, Krissy Conti (disclosure: both are my former students) were incredible in their competence and diligence, including in filing a communication to the ICC, which was the first step in the process of bringing Duterte to justice.
Chel Diokno and our colleagues in FLAG took the lead in challenging Duterte’s Double Barrel/Oplan Tokhang before the Supreme Court.
The brilliant couple Atty. Joel Butuyan and Mayor Tin Antonio and their colleagues in Centerlaw lawyered for victims and their families and had successes in the writ of amparo and other cases they filed.
Most of our politicians shamefully turned a blind eye to the crimes of humanity being committed before their very eyes, but not Senator Leila De Lima who paid a very high price for daring to stand up against Duterte.
Senator Sonny Trillanes should also be credited for also filing a communication to the ICC, working with Atty. Jude Sabio from my hometown Cagayan de Oro. They later had a falling out but that is not relevant now.
Risa Hontiveros and Kiko Pangilinan in the Senate and the Makabayan bloc in the House of Representatives, including my law partner Kaloi Zarate and my clients Sarah Elago (then Kabataan PartyList Representative) and France Castro, never wavered in their opposition to the war against drugs.
Most of these politicians I mentioned, and some of the lawyers I cited. are running in the May 2025 midterm elections. Let us show them our appreciation by voting for them.
Finally, I want to thank President Marcos for his decision to cooperate with the ICC, even if it is through the veil of cooperation with Interpol.
The execution of the arrest and the transfer to The Hague was perfect and totally above board.
There is no national law or ICC regulation that required Duterte to be brought before a local court.
There are no pending cases against Duterte in the Philippines. The Supreme Court did not issue a Temporary Restraining Order.
Duterte was treated with due process of law. In the ICC, he will be given that same guarantee.
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