ICC releases detailed charge sheet vs Duterte

The International Criminal Court (ICC) Office of the Prosecutor has released a more detailed version of the charge sheet against former president Rodrigo Duterte, publicly naming individuals it described as his alleged co-perpetrators in the crimes against humanity case linked to his administration’s anti-drug campaign.

A public, lesser redacted copy of the “Document Containing the Charges” (DCC), signed by ICC Deputy Prosecutor Mame Mandiaye Niang, was made available on Friday ahead of the confirmation of charges hearing.

The DCC states that Duterte is charged as being individually criminally responsible for crimes under Counts 1 to 3 as an indirect co-perpetrator.

According to the document, the charges against Duterte include Count 1, which involves murders in or around Davao City during his term as mayor allegedly carried out by the Davao Death Squad (DDS); Count 2, which covers murders of so-called “High-Value Targets” during his presidency; and Count 3, which pertains to murders and attempted murders in barangay clearance operations during the presidential period.

The charges cover the period from 1 November 2011 to 16 March  2019, the date when the Philippines’ withdrawal from the Rome Statute took effect.

Prosecutors alleged that Duterte and his co-perpetrators “shared a common plan or agreement to ‘neutralise’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes, including murder.”

The DCC identified the alleged co-perpetrators as Sen. Ronald dela Rosa, former Davao City police chief and later chief of the Philippine National Police (PNP); Vicente Danao, former Davao City police chief and senior PNP official; the late Camilo Cascolan, former PNP chief and senior police official; Oscar Albayalde, former PNP chief; Sen. Christopher Go, Duterte’s longtime aide and former special assistant to the president; Dante Gierran, former Davao regional director and later director of the National Bureau of Investigation; Isidro Lapeña, former Davao City police chief and former chief of the Philippine Drug Enforcement Agency; Vitaliano Aguirre II, Duterte’s former legal counsel and justice secretary; and other members of the PNP and high-ranking officials.

The prosecution alleged that Duterte ordered, induced, abetted, aided, or otherwise assisted members of the DDS and a nationwide network of law enforcement personnel over whom he had authority as Davao City mayor and later as president. It said one or more members of these groups carried out his instructions in connection with the crimes charged.

The 80-year-old Duterte is currently detained at the ICC Detention Center in Scheveningen, The Hague, Netherlands.

In a Facebook post, lawyer Kristina Conti, ICC assistant to counsel, said the DCC “shows that the plan was crafted not only to ensure implementation, but to ensure impunity.”

She added that the charges are scheduled to be read on Monday, 23 February, at the start of the confirmation of charges hearing.

“The involvement of those in the investigating units, which should have acted as the killings happen, is material to the plan. This also emphasizes that the ‘war on drugs’ began in Davao,” Conti said.

The confirmation of charges hearing will determine whether the case against Duterte will proceed to a full trial before the ICC.