Duterte ICC trial: Victims face language barriers, concerns over scope of charges

THE HAGUE, Netherlands — Victims of alleged crimes committed during former president Rodrigo Duterte's war on drugs face challenges in participating meaningfully in his upcoming trial before the International Criminal Court (ICC), including language barriers, witness protection concerns, and questions over the scope of charges.

Among the key concerns raised during the court's fifth status conference on Monday, November 2, was an ICC decision that could limit the killings covered by the case, potentially excluding some victims from the proceedings.

The conference also addressed preparations for Duterte's trial, scheduled to open on November 30, including witness protection measures and arrangements for victims' participation.

In an interview, attorney Kristina Conti, an ICC Assistant to Counsel, said these issues remain significant for victims as the proceedings approach.

Change in scope of charges raises concerns for victims

Conti said victims' representatives are grappling with the implications of an ICC decision issued on October 9 that appears to limit the scope of killings covered by one of the charges.

The case concerns alleged crimes committed between November 1, 2011, and March 16, 2019, when the Philippines was a member of the ICC. However, the decision reportedly limits the killings covered by one charge to the period between July 1, 2016, and September 30, 2018.

“Yung tinatawag na paglimita ng scope ang problema ngayon ng mga biktima kasi posibleng hindi lahat, eh, pumasok doon sa parameters,” Conti told GMA News Online.

(The limitation of the scope is now a problem for victims because some of them may not fall within the parameters of the case.)

Conti said victims' representatives are still trying to understand the implications of the ruling, arguing that the alleged crimes should be considered within the full period of the Philippines' membership in the ICC.

“Dapat hanggang 2019 na miyembro yung Pilipinas ng ICC. Tapos dapat hanggang 2022 kung kailan tsaka pa lang natapos yung term ni Duterte,” she said.

(It should cover when the Philippines was a member of the ICC, until 2019. And Duterte's term only ended in 2022.)

The potential narrowing of the scope is a concern for victims who fear that not all alleged crimes may be considered in the proceedings.

Participating victims need not testify

Conti clarified that victims participating in the proceedings do not necessarily have to take the witness stand. Their role is to express their views and concerns through their common legal representatives and, potentially, seek reparations if Duterte is convicted.

She stressed that the number of participating victims does not determine the strength of the prosecution's evidence.

“Yung pagliit o paglaki ng bilang na ito ay hindi nakakaapekto directly doon sa kaso or doon sa strength ng evidence. Pero siyempre, ibang tulong din yun na alam ng prosecution, makikita nila na ganito karami ang gustong mag-participate,” she said.

(The increase or decrease in the number of participating victims does not directly affect the case or the strength of the evidence. But, of course, it also helps the prosecution to see how many people want to participate.)

Conti encouraged victims to participate even if they are unwilling or unable to testify, submit affidavits, or recount their experiences in court.

“Pero gusto pa rin sana namin na anyayahan sila na mag-participate. Not necessarily para maging witness, not necessarily para magbigay ng statement na kumbaga affidavit, pero para magbigay ng views and concerns, mga pananaw at mga agam-agam,” she said.

(We still want to encourage them to participate. Not necessarily as witnesses, and not necessarily to submit affidavits, but to share their views and concerns.)

Applications from participating victims will continue to be accepted until the prosecution finishes presenting its evidence, Conti said.

The prosecution has been allotted 150 hours to present its evidence, a phase she estimates could take approximately a year.

Victims' safety and participation

Conti said preparations for the November 30 trial were largely in place, with the court emphasizing protective measures for witnesses who will testify either in person or through audio-visual links.

“Pero yung maganda nga dito na na-emphasize ay yung protective measures para sa witnesses,” she said.

(What was particularly good was the emphasis on protective measures for witnesses.)

These measures could include withholding witnesses' identities and preventing them from appearing on screen if the ICC determines that revealing their identities could put them at risk.

“Posibleng hindi rin natin makita sa screen. Posibleng boses lang ang marinig natin o kaya translated voice,” said Conti.

(We may not even see them on screen. We may hear only their voice, or a translated voice.)

She said protecting victims and witnesses is particularly important given the trauma they may experience when recounting alleged abuses.

Filipino language request faces hurdles

Another issue raised by victims' representatives was the request to use Filipino during portions of the proceedings, particularly when reading statements directly from victims.

Conti said the request was not simply about language preference but about allowing victims to hear their experiences conveyed in their own words.

“Hindi sila magsasalita ng Tagalog simple dahil gusto nila, kundi dahil meron silang i-quote o babasahin na statement diretso directly from the victims,” she said.

(They are not asking to speak in Tagalog simply because they want to, but because they intend to quote or read statements directly from the victims.)

However, the request appears unlikely to be granted, meaning statements would have to be delivered in English or translated.

Conti said this would not affect the legal merits of the case but could influence victims' perception of whether they are genuinely included in the proceedings.

“Pero yung impression lang sa Pilipinas, yung participation ng victims. Kumbaga eh, isinali niyo na nga kami... Pero kailangan pala English dito,” she said.

(But it affects the impression in the Philippines about victims' participation. It's as if we're being told, ‘You've included us, but everything has to be in English.’)

She warned that the English-language requirement could discourage some victims from participating, particularly those without immediate access to lawyers or legal representatives.

“Isa siyang malaking barrier—lalo na sa iba na hindi naman naaabot kaagad nung CLRV o kaya nakakapag-consult agad sa mga abogado, so baka maiwan sila sa proseso o hindi nila maintindihan ang nangyayari.”

(It is a significant barrier, especially for those who cannot immediately reach a common legal representative or consult a lawyer. They could be left behind in the process or may not understand what is happening.)

Duterte's trial is scheduled to begin on November 30. He faces three counts of crimes against humanity in connection with alleged killings during his administration's anti-drug campaign. — BM, GMA News

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