Victims’ emotions run high on Day 1 of Duterte pre-trial

THE HAGUE, Netherlands – There were audible gasps, loud breathing, and at times soft laughter in the public gallery of the International Criminal Court (ICC) on Monday, February 23, on the opening day of the confirmation of charges hearing against former Philippine president Rodrigo Duterte.

Soundless, though, and easy to miss if you’re not looking, were the families of the victims of Duterte’s drug war crying in their seats when their lawyer, Joel Butuyan, delivered an emotional opening statement.

“Mabigat siya, parang lahat lahat bumalik. Sinabi kasi ni Attorney Butuyan lahat ng pinagdaanan ng biktima, tsaka dun ko napatunayan na good choice kasi hindi lang namin siya naintindihan kung paano sya magsalita, kundi naramdaman ko talaga siya, siguro kaya ako naiyak,” Mary Grace Garganta, whose father and brother were killed by policemen during Duterte’s war on drugs, told Rappler.

(It was heavy, it’s like everything came back. Attorney Butuyan said everything that the victims went through, and I’ve proven that it was a good choice to have a Filipino lawyer, because not only did we understand him, I felt him, that’s why I cried.)

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“Many [victims] still fear to come out and tell their stories of how their lives became a living hell as a result of Mr. Duterte’s crimes, and because they are constantly terrified of being targeted of violence by Duterte fanatics,” said Butuyan, who has been representing drug war victims in the local scene since the bloodshed started in 2016.

“Mr. Duterte has been in detention here in The Hague for almost a year now, but there has been no peace and rest for the victims,” said Butuyan.

The public gallery was divided into three segments: the left side was filled with human rights advocates and the victims; the middle part was reserved for journalists and the diplomatic corps; and the right side was where the former Duterte cabinet members sat with some pro-Duterte supporters.

Mobile phones were not allowed in the gallery, and everyone could see through a glass mirror into the courtroom. We wore headphones, mainly so that we could hear English translations. The gallery was quiet most of the time, except when statements made in the court prompted audible emotions.

People gave each other reassuring nods whenever Butuyan detailed specific instances of killing. Victims and their companions rubbed each other’s backs for comfort.

“Naluha talaga ako – tumulo na lang. Pinipilit ko kaso wala na hindi na ma-control, kasi bilang biktima iba ‘yung pakiramdam sa amin. ‘Yung kine-kuwento niya kung paano pinatay,” Lydjay Acopio, whose three-year-old daughter Myca Ulpina was killed in what Duterte’s allies dismissed then as just collateral damage, told Rappler.

(I really teared up – the tears just fell. I tried to hold it back, but I couldn’t control it anymore, because as victims, the feeling is different for us. It was the way he was telling the story of how they were killed.)

“Sumakit ang dibdib ko ng sobra, dahil lahat ng sinabi sa korte ay pinapatunayan na lahat ng nangyari ay totoo, hindi kuwento. Sobrang proud ako na may Pilipinong abogado na tumayo para sa amin,” Rosalie Saludo, a fellow relative of a drug war victim, told Rappler.

(My chest was really heavy, because everything said in court just proved that everything that happened is the truth, and not just stories. I’m very proud that there’s a Filipino lawyer who stood for us.)

“An overwhelming majority of those who were killed were the sole breadwinners of poor families. These families were dependent on each day’s wage for their daily sustenance. They were hand-to-mouth families. With the death of the breadwinners, the widowed spouses, a majority of whom are women, have had to take on the role of two parents,” said Butuyan.

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‘Powerful’ victims representation

Duterte’s lead defense counsel, Nicholas Kaufman, had wanted to disqualify Butuyan, and his co-counsel Gilbert Andres, over an issue surrounding their supposed impediment to representation. Kaufman earlier told Rappler that the ICC’s foreign victims’ lawyer, Paolina Massidda, should present for the victims.

In a usual criminal case, victims are normally witnesses who provide evidence. In the ICC, victims are not witnesses (unless they are dual status). Witnesses are usually insiders knowledgeable of an alleged criminal policy.

“Participation of victims to the proceedings at the ICC is really novel. It’s the first time that an international court allows such participation. And the idea is really for victims to have a voice in proceedings,” ICC spokesperson Oriane Maillet told Rappler.

However, not all victims are admitted to participate, and for those who have, their specific incidents might not be part of the official charges.

Deputy Prosecutor Mame Mandiaye Niang said that “the charged incidents are merely a fraction of the overall criminality that resulted from Mr. Duterte’s so-called war on drugs.”

“The opening remarks from the victim representative was particularly powerful because it really brought home the fact that the counts that are brought, the incidents that were selected by the Office of the Prosecutor are really meant to be emblematic,” Maria Elena Vignoli, senior counsel of the Human Rights Watch’s International Justice Program, told Rappler after the hearings.

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– Rappler.com