Duterte's Defense Lawyer Accuses Marcos Administration of Witness Tampering in ICC Case
In a dramatic opening statement at the International Criminal Court (ICC), Nicholas Kaufman, legal counsel for former President Rodrigo Duterte, launched a scathing attack on the administration of President Ferdinand Marcos Jr. Kaufman alleged that the current government is actively working to "neutralize" Duterte by manipulating witnesses in the high-profile case related to the Philippine drug war.
Allegations of Political Interference and Witness Funneling
Kaufman presented a transcript from a phone conversation involving four unidentified individuals, where one person reportedly boasted about managing a scheme to funnel witnesses to the ICC while ensuring President Marcos could maintain plausible deniability. "One of these parties was boasting about how he was acting as the silent partner of President BBM (Marcos), managing a scheme to funnel witnesses to this court while all the time ensuring that he could guarantee President BBM's plausible deniability," Kaufman stated. He further criticized Marcos for allegedly violating a promise not to assist the ICC in bringing Duterte before the court.
Defense Argues Charges Are Misplaced and Politically Motivated
Kaufman described the charges against Duterte as "grievously misplaced and politically motivated." He urged the ICC Pre-Trial Chamber to dismiss the accusations and allow the 80-year-old former president to return to his family and the Filipino people, rather than proceed to a full trial. Duterte faces allegations of crimes against humanity, including:
- Murders in or around Davao City during his mayoral term (2013-2016) involving the Davao Death Squad, with 19 victims, including three children.
- Killings of high-value targets during his presidency (2016-2017) involving 14 victims.
- Murders and attempted murders during barangay clearance operations in his presidency (2016-2018) covering 45 victims.
Kaufman accused the prosecution of "cherry-picking" statements from Duterte's speeches to build their case, while ignoring other remarks where he emphasized respect for the law. He argued that Duterte's language, though inflammatory, was merely "rhetoric" and "hyperbole" intended to instill fear in criminals, not to order killings. "His rhetoric was calculated to arouse fear and obedience, to instill fear in their hearts and to inculcate a respect for the law in their minds. Nothing more, nothing less," Kaufman explained.
Prosecution's Counterarguments and Statistical Claims
ICC Deputy Prosecutor Mame Mandiaye Niang countered in her opening statement, asserting that Duterte played a "pivotal role" in a "widespread and systematic attack" on civilians, particularly those linked to the drug war. She cited Duterte's own words where he commanded the killing of drug lords. Niang claimed that Duterte authorized killings of individuals involved in illegal drugs and personally selected targets.
Kaufman rebutted this by emphasizing that the prosecution must prove Duterte desired and foresaw deaths resulting from his statements. He also presented a surprising statistical claim, arguing that drug-related deaths increased after Duterte left office. "Indeed, as we will prove with statistics and reports, the death rate flowing from narcotics-related crime actually increased after Rodrigo Duterte left power," Kaufman stated, suggesting that the ongoing violence undermines the prosecution's case.
The ICC proceedings continue as both sides prepare to present further evidence and arguments in this contentious legal battle.
