A veteran journalist and book author observes: “What’s missing is the context; we can only report what happened because we’re not being stopped from reporting it, because Duterte really wants to report it …but don’t just say that what he’s doing is wrong, that extrajudicial killing shouldn’t be done in our society.”
And what the Filipino writer Vergel O. Santos adds is more timely, one that is more for the world to take note of: “Everything I heard from (International Criminal Court lead defense counsel) Nicholas Kaufman, I’ve heard from Duterte’s trolls; nothing new.” (Originally, the first two quotes are: “Lahat ng narinig ko kay Kaufman, narinig ko na sa linya ng mga trolls ni Duterte; wala namang bago” and “Ang kulang ay ang konteksto; nairereport lang natin ang nangyari dahil hindi naman tayo pinipigilang ireport yun, dahil gusto naman talaga ni Duterte na ireport yun… pero huwag mo lang sasabihin na hindi tama yung ginagawa niya, na ang extrajudicial killing eh hindi dapat ginagawa dito sa ating sociedad.”)
The world should know that those trolls are defending not the Philippines, but its former leader. There’s a lot of money being poured into these rabid supporters, according to Santos. For Kaufman? That’s a 2.5-million-dollar question. He is defending Duterte at the ICC which for days has conducted a pre-trial relative to the ongoing investigation of the war on drugs and has pleaded the court judges to allow his client to come back to the Philippines, seeking for his interim release as he claims that Duterte is not fit to stand trial.
“I could die in prison,” Duterte is quoted as saying. Kaufman’s request therefore is to let Duterte “return to the Philippines, not to govern, but simply to let him live out the rest of his days in peace in his humble dwelling in Davao.”
Kaufman begs the judges not to confirm any of Duterte’s charges, but let’s hear the opening statements of Joel Butuyan, common legal representative of the victims:
“This case symbolically represents the last boat that the victims can board to go on a journey in search of justice for their loved ones who were brutally killed upon orders of Mr. Duterte. If this chamber prevents the boat from sailing by not confirming the charges, the victims will forever be moored in an island where the nights are filled with the screams and cries of their massacred loved ones. There is absolutely no other recourse for the victims.
“No less than former Philippine Justice Secretary Crispin Remulla admitted just a few months ago that the door to domestic justice is permanently closed for victims of the Duterte (EJKs). Remulla declared, and we quote, It is difficult to prove the case here and build up the case, because those who need to speak are involved in the crime. There’s nothing, not even a police report. You don’t have a scene of the crime, you don’t have ballistics, you don’t have DNA. Remulla further declared, and I quote, Everything that could be erased was erased so that the cases would not push through. That is why this has reached the ICC …If the charges are not confirmed in this case, one of the gravest concerns of the victims is that Mr. Duterte will return to the Philippines as a conquering hero. He will resume preaching his gospel of impunity. In fact, if Mr. Duterte could threaten to slap the judges of this court, which he did while he was president, this chamber should imagine the kind of terror-filled threats and the violent actions that can easily be used against the victims if the suspect walks free from this court.
“If the charges are not confirmed, it is a very serious concern of the victims that Mr. Duterte will be portrayed in history by his multitude of followers as the leader who vanquished the ICC and who cleansed his country of 30,000 rapists, murderers, and dangerous criminals, which were the scornful words he sweepingly used against all those who were killed in his murderous spree.
“Your Honors, Mr. Duterte has been in detention here in The Hague for almost a year now, but there has been no peace and rest for the victims. From the time their loved ones were killed and continuously up to this time, they lived in constant fear for their lives.
“The arrest and detention of Mr. Duterte has not stopped impunity in the Philippines. The virus of impunity that he spread all over the country has become a cancer that has metastasized, infecting millions of Filipinos. Mr. Duterte has created clones of himself. He converted millions of peace-loving citizens into bloodthirsty disciples who have become converts to the belief that violence and killings are valid solutions to societal problems. The killings masterminded by Mr. Duterte continue to have consequences for the victims, even to this day, because of his clones. These mini-Duttertes harass, threaten, or commit outright violence against the victims and their families …Many of these mini-Dutertes or Duterte clones are actually victims of massive doses of fake news widely circulated online. They need to be vaccinated with the truth, and the truth vaccine can only come from the testimonies of victims and evidence presented in a trial before this court. Truth is the antidote to the virus of impunity, Your Honors.
“Imagine a leader like Mr. Duterte, who proudly and publicly proclaimed his aspirations of following the footsteps of Adolf Hitler when he said, quote: ‘Hitler massacred 3 million Jews. Now, there are 3 million drug addicts. I’d be happy to slaughter them,’ unquote …Finally Your Honors, the victims wish to humbly underline that what is ultimately at stake in these proceedings is the supreme of all forms of human rights, the right to life. The right to life is the very foundation of every civilized society …Our ancestors fought in the battlefield to secure a right to life. In these modern times the battleground for the fight to protect our right to life is within the four walls of this Honorable Court.
“May the God of life, the God of humanity guide the Honorable Members of this Chamber.”
EDSA Cuarenta
The spirit of the People Power Revolution or EDSA I was rooted in the resistance to the clear violation of the 1973 Constitution–we had to violate it–and the widespread abuse of power during the dictatorship of Ferdinand Marcos. It was a historic uprising of the people to demand the return of democracy and respect for human rights. On the other hand, EDSA II occurred in a different context, not as a blatant violation of the 1987 Constitution but as a result of the political and moral crisis that originated in the leadership of Joseph Estrada. This difference is important to understand so as not to confuse the two events with different legal and historical bases: the first one being extra-constitutional and the second one being intra-constitutional (within the Constitution) per the landmark 13-0 decision of the Supreme Court in Estrada vs Desierto (2001).
We keep on repeating that EDSA did not fail us; we fail it if we do not continue the lessons and frameworks of a regime of truth, justice, and equality it left behind. The most important result of EDSA I was the creation and ratification of the 1987 Constitution, which serves as the backbone of our democracy. It is up to us to operate and defend the institutions it established such as free elections, a free press (BTW, shame on Kaufman for accusing the media of having a “complete disregard of the evidence,” a “familiar theme” which is that his client “is finally behind bars where he belongs”) and the system of checks and balances so that bloodshed and repression will not be repeated. Above all, civil society, academia, the church, workers, and youth must stay vigilant because the true spirit of EDSA is not just a day of uprising, but an ongoing responsible citizenship.
