President Rodrigo Duterte is “not holding up any hope” with the ongoing confirmation of charges hearings in his case before the International Criminal Court (ICC), Duterte’s legal counsel Nicholas Kaufman said on Monday.
“He’s, frankly, not holding up any hopes and not expecting too great. We assure him that we have the evidence and that we’re convinced that we can put a good show for him and that’s what we will do,” Kaufman told GMA Integrated News in an interview in The Hague, Netherlands.
Duterte also told them that he might die in detention at The Hague.
“He said it a couple of times, and quite a few times to our considerable consternation. But we do sit with him, and part of the time, cheering him up. Keep him occupied. We push him, we said to him ‘go out, have some exercise,’” Kaufman said.
Kaufman made the statement following the first day of the ICC Pre-Trial Chamber I’s confirmation of charges hearings in relation to Duterte’s war on illegal drugs.
Earlier, Vice President Sara Duterte said her 80-year-old father asked that his remains be cremated should he pass away while in detention.
Kaufman said it would be impossible for the former President to flee or intimidate the witnesses because of his medical condition.
“Whether or not the former President would be likely to flee, whether or not he would intimidate witnesses of the prosecution, whether or not he continue to commit crimes. All of which, our medical experts said would be impossible because of his medical condition,” he said.
It may be recalled that the ICC denied Duterte’s appeal on the rejection of his request for interim release.
Withhold evidence
Meanwhile, Duterte’s legal team said they would not present any evidence during the confirmation of charges hearing to prevent the prosecution from disproving it even before the trial begins.
“The answer is quite clearly, we will not be presenting evidence,” Kaufman said.
“The prosecution is entitled to continue its investigation so if the charges are confirmed, then they will take what we presented at confirmation and go on attack it, and investigate and try to disprove it,” he added.
However, Kaufman said their team will be disclosing something “crucial and fundamental” to the case.
“We will be presenting something, and I’m not gonna tell you what because I’m not gonna disclose our strategy in advance of the hearing because I’m not gonna give the prosecution a head start when I don’t need to, but we will be disclosing something which is crucial and fundamental to the case,” he said.
During the confirmation of charges hearing, Kaufman blamed the Philippine media’s depiction of the war on drugs and for allegedly sensationalizing Duterte’s speeches.
Media to blame
In a “24 Oras” report on Monday, Kaufman said it was this depiction by the media that led to Duterte becoming a target of civil society supposedly funded by tycoons, and academics in other countries who wrote on the Philippine situation.
“They highlight the salacious content while ignoring the true context because that it what captivates the reader,” the defense lawyer said in his statement during the hearing.
“Rodrigo Duterte, whose speeches were fertile fodder for his enemies and detractors, a man whose hyperbole, bluster and rhetoric, once published, became a natural target for privately funded NGOs and human rights activists and those collectively known as civil society,” he added.
Kaufman stressed that cases are decided based on evidence, “not supposition, not rumor, not spicy gossip, and certainly not on the basis of political rhetoric and bluster.”
“Because at the end of the day, were it not for those belligerent and controversial speeches, there would have been no impetus to bring the people’s president to The Hague,” he added.
The ICC’s confirmation of charges hearings will continue on February 24, 26, and 27.
Duterte is alleged to have committed crimes against humanity in relation to his war on illegal drugs during his term as Davao City mayor and as President of the Philippines. — JMA, GMA Integrated News
