ICC hears claims of no prosecutions in 3,967 drug war deaths; defense denies Duterte link to Espinosa, Parojinog killings

THE HAGUE — Lawyers for victims and defense counsel presented sharply opposing arguments before the International Criminal Court (ICC) as confirmation of charges hearings continued in the crimes against humanity case against former President Rodrigo Duterte.

Victims’ Counsel: No Prosecutions for Nearly 4,000 Deaths

Victims’ lawyer Gilbert Andres told ICC judges that the Duterte administration did not criminally prosecute police officers allegedly responsible for 3,967 drug war killings acknowledged by the government.

In his closing remarks, Andres disputed claims by the defense that the administration was “intolerant of rotten police officers.”

“Mr. Duterte’s administration has not criminally prosecuted the police officers responsible for the government-recognized deaths of at least 3,967 drug personalities,” Andres said.

He cited the administration’s 2017 year-end report, which documented 3,967 deaths in anti-drug operations from July 2016 to November 2017, adding that at most 302 cases were investigated.

Andres also referred to findings by the Supreme Court of the Philippines, which he said described the thousands of deaths as “indicative of the state policy of extrajudicial killings under the Duterte administration.” He quoted the High Court as taking judicial notice of the government report that listed drug war deaths among its accomplishments, saying this “may lead to the inference that these are state-sponsored killings.”

The year-end report also cited 16,355 homicide cases under investigation between July 2016 and September 2017, with a total of 20,322 deaths linked to the anti-drug campaign.

Andres argued that the scale, geographical spread, and sustained nature of the killings demonstrated that the attacks were “widespread and systematic,” targeting individuals perceived to be linked to illegal drugs. He further contended that the campaign disproportionately affected the poor and that presidential statements carried policy weight under the Philippine constitutional framework.

“Whatever the president publicly states is policy,” Andres said, adding that in the Philippine cultural context, the words of the head of state command obedience.

The ICC Office of the Prosecutor has charged Duterte with three counts of crimes against humanity — murder and attempted murder — covering alleged acts committed during his tenure as mayor and president.

Defense: No Direct Link to Specific Killings

Duterte’s defense lawyer, Nicholas Kaufman, countered that there is no evidence directly linking the former president to specific killings cited by prosecutors, including those of Leyte Mayor Rolando Espinosa and Ozamiz Mayor Reynaldo Parojinog.

Kaufman argued that Duterte’s involvement in Espinosa’s case ended when the mayor surrendered in August 2016 following a 24-hour ultimatum. Espinosa was later killed in an alleged shootout inside the Baybay City Provincial Jail.

“What happened thereafter, as awful as it may be, had nothing to do with our client. And not one witness can say that,” Kaufman told the court.

Regarding Parojinog’s death during a predawn raid on July 30, 2017, Kaufman said the operation was carried out pursuant to six judicial search warrants. He cited official investigative materials indicating that police were met with gunfire when serving the warrants and returned fire. Four individuals were reportedly arrested during the operation.

“If the intention was cold-blooded murder, why go to the bother of involving a judge?” Kaufman said.

He also rejected the prosecution’s characterization of “high-value target” (HVT) as a code for execution orders, describing it instead as an operational classification used by law enforcement to prioritize suspects based on intelligence assessments.

“Classification does not imply selection for murder, any more than it is proof of unlawful intent,” he said.

Under Count 2 of the charges, killings were allegedly carried out by members of a “National Network” between 2016 and 2017, covering 14 victims identified as high-value targets. Kaufman argued that the prosecution’s case relies heavily on insider testimony and “dubious and tenuous linkage” to Duterte.

As hearings conclude, ICC judges will determine whether the charges against the former president will be confirmed, paving the way for a full trial.