Home Tags Posts tagged with "philippine war on drugs"
Tag:

philippine war on drugs

News

Duterte’s defense demands fresh medical review, witness testimony ahead of ICC trial

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE NEWLY appointed defense team for former President Rodrigo Duterte has formally requested that the International Criminal Court (ICC) order a comprehensive new medical evaluation before his high-profile trial gets underway.  

In a formal filing submitted to Trial Chamber III, lead defense counsel Atty. Peter Haynes requested that the court bar the trial from moving forward until independent medical experts conduct a fresh assessment of the 81-year-old former president’s physical and mental fitness.

The defense is also pushing for these medical experts to deliver live testimony before the chamber prior to any final judicial determination regarding Duterte’s capacity to stand trial.

While ICC judges previously deemed Duterte fit to participate during the pre-trial phase, Haynes argued that those findings were strictly limited to early proceedings.

 The defense highlighted that more than six months have lapsed since Duterte’s last formal medical evaluation, rendering the existing health data outdated for the rigorous demands of a full trial.

Crucially, the defense motion cited previous expert assessments revealing that the former president possessed only a “partial understanding” of the complex legal accusations leveled against him. 

The filing further noted that a pre-existing medical condition has “reduced, to some extent,” his cognitive and functional ability to properly defend himself in court.

The legal maneuver comes just days after Trial Chamber III, presided over by Judge Joanna Korner, provisionally set the opening of the landmark crimes against humanity trial for November 30, 2026. 

During that initial status conference on May 27, Judge Korner acknowledged the defense’s health concerns, signaling that the chamber was already prepared to issue directives for an updated medical review.  

Duterte, who was transferred to ICC custody in March 2025, faces three counts of crimes against humanity over the widespread and systematic killings tied to his administration’s controversial “war on drugs”.  

The prosecution has already indicated plans to call between 60 and 70 witnesses, including roughly 31 “insider” testimonies. 

However, the defense’s latest push for an exhaustive medical gateway could complicate the court’s timeline, as Trial Chamber III must now decide whether to pause scheduling to accommodate the live medical hearings demanded by Haynes.  

The ICC prosecution and legal representatives for the victims are expected to file their responses to the defense’s motion in the coming days.

0 comments
0 FacebookTwitterPinterestEmail
News

Kaufman: Prosecution failed to provide a direct link to Duterte

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE CONFIRMATION of charges hearing for former President Rodrigo Duterte concluded on Friday, Feb. 27, 2026, with the defense launching a blistering attack on the prosecution’s legal foundation and the credibility of its “insider” witnesses.

Lead defense counsel Nicholas Kaufman argued that the case against the 80-year-old former leader was built on a “fantasy” designed to artificially link Duterte to a specific set of 78 deaths cited in the charging document.

At the heart of the legal tug-of-war is the doctrine of indirect co-perpetration. Unlike traditional murder charges, this theory allows the International Criminal Court (ICC) to hold high-level leaders liable for crimes committed by others, provided they exercised “control over the crime” through an organized apparatus of power.

Kaufman dismissed this as a “highly technical means” to connect Duterte to criminal activity, “not of his own doing.”

The defense maintained that the prosecution failed to show a single direct order from Duterte to a specific individual to kill any of the 78 identified victims.

Kaufman described Duterte’s infamous “kill” speeches as “bluster” and “rhetoric” intended to instill fear in criminals, not as legal directives for execution.

The defense argued that the drug war was a legitimate, decentralized law enforcement effort, rather than a systematic common plan orchestrated from the top.

Attacking the witnesses

The defense team further lashed out at the prosecution’s reliance on “insider witnesses”—former members of the alleged Davao Death Squad (DDS) and government officials.

Kaufman labeled these witnesses “self-confessed murderers” who have been incentivized with immunity and new identities.

He revealed that when he presented the names of these cooperating witnesses to Duterte in detention, the former president recognized only two, dismissing them as a “liar” and a “scalawag.”

“They talk about thousands?” Duterte reportedly asked his lawyer. “I’ve never murdered anyone.”

The “78” discrepancy

A major point of contention during the week was the number of victims. While human rights groups estimate the “war on drugs” death toll at up to 30,000, the current ICC charging document focuses on 78 specific deaths across 49 incidents.

Kaufman argued that the prosecution’s decision to “throw out” many of Duterte’s speeches as evidence—claiming they still had enough to convict without the “bluster”—proves the case is evidentiary thin.

Kaufman’s final plea to the Pre-Trial Chamber was for “common sense” and a return to the principle of “presumed innocence.”

0 comments
0 FacebookTwitterPinterestEmail
News

FPRRD resigned to dying in ICC prison, defense lawyer Kaufman claims

by Rhoda Grace Saron
written by Rhoda Grace Saron

LEAD DEFENSE counsel Nicholas Kaufman painted a portrait of an 80-year-old former President Rodrigo Duterte who has accepted his fate, claiming his “eyes simply glazed over” when being briefed about the confirmation of charges at the International Criminal Court.

The hearing concluded on Friday, Feb. 27, 2026, and the ICC Pre-Trial I judges now deliberate whether to proceed to a full trial against the former leader for alleged crimes against humanity.

During his closing statement, Kaufman recounted a recent one-hour visit with Duterte at the ICC detention center. 

He described a former president as having lost the desire to follow the legal proceedings, refusing to view excerpts of the evidence or even his own defense’s opening statements.

“I have done my duty, and I have left my legacy,” Duterte reportedly told his counsel. “I can no longer help you. I no longer remember much at all… I have now accepted my fate, and I realize that I could die in prison.”

The “artificial” connection

Kaufman’s legal strategy centered on attacking the prosecution’s reliance on “indirect co-perpetration”—a technical legal theory used to link high-level leaders to crimes committed by subordinates.

 The defense argued that the prosecution had failed to provide a direct link between Duterte and the 78 specific deaths alleged in the current charges.

The defense further lashed out at the prosecution’s witnesses, labeling them “self-confessed murderers” who were granted immunity and new identities in exchange for “dubious services.” 

Kaufman dismissed these witnesses as “liars and scalawags” known to Duterte only from his early days as Mayor of Davao.

A somber milestone

The courtroom heard vivid descriptions of the “Duterte Street” and “Duterte Park” protests outside the detention center, where supporters have gathered. Kaufman spoke of “mountains of cards” and “forests of flowers” sent for the former president’s 80th birthday—noting that while supporters see him as a “faithful servant,” court staff reportedly let the bouquets rot in the corridors.

The defense concluded with an emotional appeal for the former president’s release on humanitarian grounds.

“I ask you to let Rodrigo Duterte return to the Philippines,” Kaufman pleaded. “Not to govern, but simply to let him live out the rest of his days in peace in his humble dwelling in Davao.”

The Pre-Trial Chamber will now review the evidence presented during the week-long hearing. If the charges are confirmed, the case will move to trial, marking the first time a former Southeast Asian leader has been tried by the ICC.

0 comments
0 FacebookTwitterPinterestEmail
News

‘Neutralize’ does not mean murder: Duterte defense slams ICC prosecution’s lack of direct evidence

by Rhoda Grace Saron
written by Rhoda Grace Saron

DEFENSE lawyers for former President Rodrigo Duterte launched a vigorous challenge against International Criminal Court (ICC) prosecutors on Thursday, arguing that the case lacks a “smoking gun” linking the former leader to a specific policy of extrajudicial killings.

During a pre-confirmation hearing, lead defense counsel Nicholas Kaufman asserted that the prosecution had failed to provide evidence of a direct order from Duterte to kill any of the 78 alleged victims cited in the case.

Kaufman argued that if the prosecution’s “insider witnesses” truly possessed proof of a state-sanctioned murder plot, those details would have been explicitly reflected in the formal charges.

“If there were a specific order to murder, it would have been clearly stated,” Kaufman told the chamber. 

He further contended that the prosecution is attempting to build a narrative based on a “pattern of murder” using outdated public statements that fall outside the legal timeframe of the ICC’s investigation.

Defining ‘Neutralization’

A central point of the defense’s argument focused on the linguistic interpretation of operational terms used by the Philippine National Police (PNP) during the “War on Drugs.”

Kaufman pushed back against the prosecution’s assertion that the term “neutralize” was a coded instruction for execution. 

He stressed that the word is a standard tactical term that can mean arrest, surrender, or the legitimate use of force in self-defense, depending on the operational context.

“The term ‘neutralize’ should not automatically be equated to ‘murder,'” Kaufman stated, urging the court to consider the professional and legal definitions of the word rather than a purely “criminal” interpretation.

Procedural Status

The defense’s arguments are part of the pre-confirmation phase, where judges must decide if there is “sufficient evidence to establish substantial grounds to believe” that Duterte committed the crimes against humanity alleged by the prosecution.

The ICC proceedings remain ongoing. If the court finds the prosecution’s evidence insufficient or the defense’s arguments on the lack of a “direct order” compelling, the case may fail to proceed to a full trial.

0 comments
0 FacebookTwitterPinterestEmail
News

ICC grants evidence expansion in Duterte case; set Feb. 13 deadline 

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE PRE-TRIAL Chamber I of the International Criminal Court (ICC) has officially granted requests from both the prosecution and the defense to expand their evidence lists in the ongoing case against former President Rodrigo Duterte.

In a public decision dated Feb. 10, 2026, the Chamber approved the defense’s request to add 78 items to its evidence list and the prosecution’s request to add two additional items. 

The ruling comes just weeks before the confirmation of charges hearing scheduled for Feb. 23, 2026.

Both legal parties, along with representatives for the victims, raised no objections to the additional materials. The Chamber found “good cause” for the additions, noting that they would not cause undue prejudice to either side.

The chamber ordered the prosecution and the defense to file their updated and final lists of evidence by no later than Friday, Feb. 13, 2026.

The three-judge panel, presided over by Judge Iulia Antoanella Motoc, emphasized that this decision is critical to ensuring a fair and thorough confirmation process later this month.

0 comments
0 FacebookTwitterPinterestEmail
News

Duterte lawyers cite ‘severe cognitive impairment’ in challenging ICC detention

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEGAL team for former President Rodrigo Duterte has formally filed an appeal brief with the International Criminal Court (ICC) Appeals Chamber, demanding his immediate conditional release due to what they describe as deteriorating physical and neurological health.

The appeal, led by defense counsel Atty. Nicholas Kaufman, argues that the ICC Pre-Trial Chamber committed “serious legal and factual errors” by refusing to consider new medical evidence that could undermine the original justification for his pre-trial detention.

The “changed circumstances” argument

Under Article 60(3) of the Rome Statute, the Court is required to periodically review detention and reassess its necessity if circumstances change. 

The Defense maintains that a new, comprehensive medical report prepared by a neurologist and a neuropsychologist constitutes such a change.

The report concludes that Duterte suffers from significant cognitive and neurological impairments, particularly in executive functioning and decision-making.

According to the filing, these impairments, combined with his physical condition, render him “incapable of fleeing, interfering with witnesses or proceedings, or committing further crimes”.

Defense alleges procedural unfairness

The brief takes aim at the Pre-Trial Chamber’s decision to reject the defense-submitted medical report while accepting reports from a court-appointed panel. 

The Defense argues this creates a lack of “equality of arms” and violates ICC jurisprudence, which states evidence should be judged on its probative value rather than its source.

“By ignoring this evidence, the Pre-Trial Chamber rendered the detention review meaningless,” the Defense stated, arguing that health is the only dynamic factor in the case since the gravity of the charges remains static.

The request for release

The Defense is now asking the Appeals Chamber to reverse the previous decision to maintain detention, and order the immediate conditional release of Mr. Duterte to a cooperating State Party.

The Appeals Chamber’s decision will be a critical turning point in the proceedings, determining whether the former leader will remain in custody throughout the duration of his trial.

0 comments
0 FacebookTwitterPinterestEmail
News

ICC shuns oral trial on Duterte’s appeal plea

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE INTERNATIONAL Criminal Court (ICC) Appeals Chamber has set the timeline and conduct for the appeal filed by former President Rodrigo Duterte regarding his ongoing detention.

In a public document released on Jan. 29, 2026, the Appeals Chamber, presided over by Judge Luz del Carmen Ibáñez Carranza, ruled that the current appeal will proceed exclusively through written submissions, effectively bypassing oral hearings.

The court also directed Duterte’s defense team to file the appeal brief by Thursday, Feb. 5, 2026.

Meanwhile, the deputy prosecutor and the legal representatives of the Victims are given until Thursday, Feb. 12, 2026, to file their respective responses.

In a move to streamline the process, the Appeals Chamber has limited all submissions to a maximum of 20 pages each.

The proceedings follow a Jan. 26, 2026, decision by Pre-Trial Chamber I, which reviewed Duterte’s detention status. 

Duterte is challenging that specific ruling, leading to this current intervention by the Appeals Chamber.

The chamber—composed of Judges Ibáñez Carranza, Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin —emphasized that “specific circumstances of the present case” make written-only submissions appropriate at this stage.

The ICC is investigating alleged crimes against humanity committed during the previous administration’s deadly “war on drugs.” The former has been in detention since March of last year.

0 comments
0 FacebookTwitterPinterestEmail
Verified by MonsterInsights