Prosecutors charge Duterte with 3 counts of murder 'as crime against humanity' at ICC

MANILA, September 23 ------ The International Criminal Court released a public redacted version of the summary and details of the criminal charges filed against former Philippine president Rodrigo Duterte.

The “Document Containing the Charges”, submitted by the Office of the Prosecutor, provides the details of the alleged crimes and the narrative of the facts of the case, which the prosecution will use before the Pre-Trial Chamber. The DCC will also be the basis for the confirmation of charges hearing.

According to the document, the prosecution holds Duterte criminally liable for the following:

1. Murder as a crime against humanity in Davao City during the mayoral period between 2013 to 2016.

2. Murder as a crime against humanity of “high-value targets” in locations across the Philippines during the presidential period between 2016 to 2017.

3. Murder and attempted murder as crimes against humanity in barangay clearance operations in locations across the Philippines during the presidential period between 2016 to 2018.

The prosecution cited 49 incidents to support its charges against Duterte, with a total of 78 victims: 19 victims for count 1, 14 victims for count 2, and 45 victims for count 3. The prosecution, likewise, identified Duterte’s individual criminal responsibility in the said crimes, including indirect co-perpetration, ordering and/or inducing the crimes, and aiding and abetting the crimes.

Highlighted in the document is Duterte and his co-perpetrators’ “common plan” or agreement against alleged drug-related criminals, which, according to the prosecution, was used by Duterte both when he was still mayor of Davao City and when he became president of the Philippines. “DUTERTE meant to engage in the charged conduct, and intended, or was aware that violent crimes including murder would be committed in the ordinary course of events as a result of the implementation of the Common Plan. DUTERTE was aware that the Common Plan involved an element of criminality and was aware of the fundamental features of the DDS and the National Network which enabled him to exercise control over the charged crimes together with his Co-Perpetrators. DUTERTE was also aware of the factual circumstances which allowed him to have joint control over the crimes, together with his Co-Perpetrators,” the prosecution explained.

As part of this “common plan”, the prosecution said Duterte made essential contribution to the crimes through the following methods:

a. Designing and disseminating the policy to ‘neutralize’ alleged criminals (both in his role as Mayor of Davao City, and also during his Presidential campaign and as President), including by endorsing the anti-illegal drugs campaign ‘Double Barrel’;

b. Establishing and overseeing the DDS;

c. Instructing and authorizing violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users;

d. Providing personnel and other necessary logistical resources such as weapons including those to be used in the execution of the crimes;

e. Appointing key personnel to positions which were crucial to the execution of the crimes;

f. Offering financial incentives and promotions to police officers and hitmen to kill alleged criminals;

g. Creating and maintaining a system in which perpetrators knew they would be protected, including through promises of immunity and shielding perpetrators from investigation and prosecution;

h. Making public statements authorizing, condoning and encouraging killings of alleged criminals, both as Mayor of Davao City and President of the Philippines;

i. Authorizing State actors to take part in the anti-drugs campaign and temporarily revoking such authorization, including to placate public outcry;

j. Publicly naming individuals and holding up charts from lists of alleged criminals, including so-called ‘high-value targets’, some of whom were subsequently killed.

The prosecution also said Duterte as mayor of Davao City and head of the DDS (Davao Death Squad), and later president of the country, used his authority and ordered members of the DDS and the national network to commit said crimes. “DUTERTE meant to engage in this conduct and was aware of his position of authority over the physical perpetrators of the crimes. He intended that violent crimes including murder would be committed or was aware that they would be committed in the ordinary course of events as a result of the implementation of the orders,” the prosecution explained.

Duterte, likewise, induced the members of the DDS and the national network to commit said crimes, exerting his influence over them and “prompting them to commit the relevant crimes”. He also aided, abetted or otherwise assisted the members of the DDS and the national network to commit the crimes. “By these acts, DUTERTE facilitated and/or provided moral encouragement for the relevant crimes,” the prosecution explained.

The prosecution also released a Pre-Confirmation Brief which provides the prosecution’s detailed explanation of the evidence and the legal and factual arguments in support of the charges against Duterte. Duterte’s confirmation of charges hearing was originally schedule to start on September 23, but on September 8, despite one dissenting opinion, the Pre-Trial Chamber I voted for a “limited postponement” of the proceedings. Duterte, now 80 years old, faces accusations linked to thousands of killings during this administration’s bloody “war on drugs” carried out on a national scale in the Philippines, between November 2011 and March 2019.

Source: news.abs-cbn.com