Victims of former president Rodrigo Duterte's bloody drug war could seek reparations, including cash, medical support, and rehabilitation, if he is found guilty by the International Criminal Court (ICC) on charges of crimes against humanity.
The ICC allows victims to seek reparations for the damages and harm that they have suffered, but the same can only be awarded after a defendant has been convicted or found guilty of the crime charged.
The victims, in this case, the families of the drug war fatalities, may receive reparations either individually or collectively, depending on what is deemed most appropriate for the victims in the particular case.
Reparations may also include the return of property, victims' service centers, or symbolic measures such as apologies or memorials.
If the reparation will be in the form of monetary compensation, it can be paid through the trust for the victims, which can only be tapped if the assets of the accused are insufficient. The assets of the accused will be frozen while the trial is ongoing.
“In many cases, the impact of the crime can be immense, and the guilty person doesn’t have enough financial resources to compensate for the potentially large number of victims,” the video explainer of the ICC said.
“This is why states have also created a trust fund for victims, financed by voluntary contributions, to assist in executing the reparations ordered by the judges,” it added.
ICC-accredited lawyer Joel Butuyan, however, advised victims to manage their expectations since the funds allocated for monetary compensation might be limited.
Duterte is currently in the custody of the ICC, which is headquartered in The Hague, Netherlands, after being arrested in Manila last week for alleged crimes against humanity related to his notorious war on drugs, which killed thousands, mostly from poor communities.
His assets remained private until the end of his presidency in mid-2022, despite a provision of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713), requiring public officials to disclose their statement of assets, liabilities, and net worth or SALN on or before April 30 each year.
Public access to SALNs has become stricter and limited only to declarants and officers conducting investigations since 2020 following the issuance of Memorandum Circular No. 1, signed by Ombudsman Samuel Martires, Duterte’s appointee.
Duterte is set to face the ICC judges again on September 23 for the confirmation of the charges against him.
Rise Up for Life and for Rights, a group advocating for justice on behalf of the families of drug war victims, had urged the ICC to deny a potential petition for his interim release to ensure that he will not pose a danger or threat to the victims and witnesses of his drug war.