Former President Rodrigo Duterte’s legal counsel, Atty. Martin Delgra III on Friday questioned why the International Criminal Court (ICC) appeared to lack evidence against his client, but placed him behind bars anyway.
“Nakakainis, kasi kinulong mo na ‘yung tao, naghahanap ka pa pala ng ebidensya. ‘Yun ang problema dito,” he spoke to DZRH on Balansyado.
This came in response to a social media post by the ICC, which called for “direct witnesses” to incidents related to Duterte’s “so-called War on Drugs.”
Delgra noted that, despite there being, allegedly, tens of thousands of extra-judicial killings, the ICC still lacks witnesses.
“Ang nakapagtataka, sa mga sinasabi ng ibang media outlet, umabot pa nga sa 20,000, 30,000 na mga insidente of alleged extra-judicial killing, which happened many years ago. Hanggang ngayon, naghahanap pa rin ng testigo. In the meantime, inaresto niyo na, kinulong niyo na ‘yung dating Pangulo,” he said.
Additionally, as Duterte’s lawyer, he claimed he has also yet to receive a single complaint in relation to the Drug War after all these years.
“And for the record, having said that, bilang abogado ng dating pangulo, wala pa po kaming natatanggap, ni isang complaint, as regards this alleged War on Drugs, on his behalf, hanggang ngayon,”
The lawyer emphasized that the former president was not backing down from legal charges against him. However, he did not want to be tried in a foreign court.
“I’d like to make this clear to you and to everyone listening: hindi po niya inaatrasan ‘yan. Matanda na siya, may sakit, and in frail condition. Pero he has been saying na, ‘I take full, legal responsibility.’ Ibig sabihin, hindi niya aatrasan ‘yung kaso. However, he also said that he wants to be tried before a Filipino court by a Filipino judge. So mahigpit na sinasabi niya ‘yan,” Delgra clarified.
He claimed that, unlike proceedings within the Philippine justice system, the ICC made the arrest without satisfactory evidence.
“Iba kasi ang criminal justice system natin sa Pilipinas. Kasi kung mayroong krimen that is committed, nangyari, ang ginagawa po, una papasok ‘yung pulis. May tinatawag na case build-up. And if there’s enough actual evidence, they will bring it to the prosecutor,” he explained.
“The prosecutor will appreciate the evidence, in relation to the alleged crime and then they will determine ‘yung what they call probable cause. They will determine na ‘yung kinakasuhan na tao, may probably be guilty… Iaangat na ‘yan sa korte. They will file the appropriate case in court… If the court will be able to determine—may pangalawang tinatawag na determination of probable cause ‘yan. So when the court determines that there’s probable cause, they will issue a warrant of arrest. When that happens… that is the time (na) makulong,” he continued.
“Dito, sa nangyayari nga sa ICC, naghahanap pa sila ng testigo pero kinulong na nila ‘yung tao, ‘yung akusado,” he asserted.
According to the ICC, its prosecutor was authorized to conduct an investigation on the crimes committed under the War on Drugs on September 15, 2021.
The ICC judges also said it had considered statements from victims—or individuals such as lawyers representing them—about whether the investigation should be allowed to proceed. After temporarily suspending the investigation, it was resumed in January of 2023.
“On 26 January 2023, following a careful analysis of the materials provided by the Philippines, Pre-Trial Chamber I granted the Prosecutor’s request to resume investigation into the Situation of the Republic of the Philippines,” the court wrote.
The ICC soon found reasonable grounds for Duterte's arrest.
“ICC Pre-Trial Chamber I (“the Chamber”) assessed the material submitted by the Prosecution and found reasonable grounds to believe that Mr Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019,” the ICC said.
