29/05/2026
Duterte trial: Lawyers see more victims coming out
By: Kathleen de Villa - Reporter
MANILA, Philippines — Filipino lawyers for drug war victims are expecting “thousands” more individuals to seek participation in the trial of former President Rodrigo Duterte before an international court. They also welcomed an initiative for real-time Filipino and Cebuano translation during the process.
Gilbert Andres, one of the common legal representatives of victims (CLRVs), told the Inquirer on Thursday that the ballpark figure is in addition to the 539 initially admitted as victims in the pretrial phase and would continue to be recognized during trial.
“Since there are thousands murdered, we expect thousands actually (to participate). In fact, we call on the victims who have not yet applied to be ready to apply when the process will be open,” he said in a phone interview.
The Trial Chamber (TC) III as well as the ICC Registry, the tribunal’s administrative arm, have yet to determine the start of the applications for victims, but Andres said that it could be “soon.”
Opening statements
The lawyers also want a real-time translation of the trial to a local language, preferably both Filipino and Cebuano.
They welcomed the TC III’s directive to the Registry to facilitate the interpretation services by the first day of trial so Filipino audiences could understand the opening remarks of all parties and participants.
But in the interest of the trial being efficient and expeditious, Andres said that the victims would be receptive to having only Filipino translation while judges and lawyers speak during the court session.
Based on the 16-page less-redacted document containing charges submitted in July last year by the prosecution, 19 alleged drug suspects and criminals were killed by members of the Davao Death Squad in various areas in Davao City, where the Cebuano language is primarily spoken.
“We very much also urge the Registry to make the necessary arrangements so that for the opening statements at the end of November, there can be interpretation even if there isn’t a sufficient pool of interpreters for witnesses. I think it’s important that opening statements can be understood by those in the Philippines,” British judge Joanna Korner said in the status conference on Wednesday.
Victims’ application
The chamber, presided by Korner, decided during the first status conference on Wednesday that the cutoff for the application of new victims in the case would be the last day of the prosecution’s presentation of evidence.
Andres, who is an international law and human rights expert listed in the ICC to practice, explained that this means that victims’ application would remain open while the trial is ongoing and may even last for up to one or two years from now.
The trial has been set to start on Nov. 30 and is likely to be held five times a week, depending on what the new findings of Duterte’s medical assessment would be.
The TC III’s decision to keep the applications going while Duterte is already on trial is in agreement to the position of principal counsel Paolina Massidda of the Office of Public Counsel for Victims (OPCV), but in contrast to the stance expressed by defense lead counsel Peter Haynes.
The British barrister, who early this month took over the case of Duterte, suggested to the chamber that the victims’ application end in September this year, or before the trial begins.
Haynes also cited to the court his experience in previous cases, specifically the purported “harm” caused in admitting thousands of victims, who later learned that they were unqualified to receive reparations after the accused was convicted.
Not exhaustive list
“So I would hope that there will be careful analysis on the part of those assessing those applications on whether they fall within the ambit of indictment as it is currently pleaded because it is doing victims no favors to allow thousands and thousands of them to believe that they might receive compensation at the end of the day,” Haynes said.
Massida, however, pointed out that the 78 killings and attempted killings in 49 incidents cited in Duterte’s charges merely represented the “victimization” and are not the “exhaustive list,” and, therefore, the victims’ lawyers are already receiving an influx of new victims wanting to be recognized in trial.
“Our assessment is done by having contact with affected communities, and [this] already indicates that a number of victims are already (coming in) contact with us to manifest their willingness to participate in this trial,” the head of the OPCV said.
‘A-B-C’ approach
For his part, Philipp Ambach, the chief of the Registry’s victims participation and reparations section, pointed out that Haynes’ concern about the defense being burdened by applications throughout the trial could be “minimized” if it adopts the “A-B-C” approach.
The Registry has proposed the continued use of the approach, which is based on the ICC’s Chambers Practice Manual that classifies the applications as Group A for those “clearly qualified” as victims; Group B for those who “clearly do not qualify” as victims, and Group C for those with the ICC Registry “could not make a clear determination for any reason.”
For Andres, the families of drug war victims, who have been seeking justice for nearly a decade, eagerly want to be part of the proceedings of The Hague-based tribunal, which has allowed the wheels of justice to turn for them.
PHOTO: Gilbert Andres, a lawyer of the drug war victims’ kin, at the ICC hearing on former President Rodrigo Duterte’s ICC case
Gilbert Andres, a lawyer of the drug war victims’ kin, at the ICC hearing on former President Rodrigo Duterte’s ICC case —FILE PHOTO
MANILA, Philippines — Filipino lawyers for drug war victims are expecting “thousands” more individuals to seek participation in the trial of former President Rodrigo Duterte before an international court. They also welcomed an initiative for real-time Filipino and Cebuano translation during the process.
Gilbert Andres, one of the common legal representatives of victims (CLRVs), told the Inquirer on Thursday that the ballpark figure is in addition to the 539 initially admitted as victims in the pretrial phase and would continue to be recognized during trial.
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“Since there are thousands murdered, we expect thousands actually (to participate). In fact, we call on the victims who have not yet applied to be ready to apply when the process will be open,” he said in a phone interview.
READ: Duterte ICC trial: Prosecution seeks Tagalog broadcast of proceedings
The Trial Chamber (TC) III as well as the ICC Registry, the tribunal’s administrative arm, have yet to determine the start of the applications for victims, but Andres said that it could be “soon.”
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Opening statements
The lawyers also want a real-time translation of the trial to a local language, preferably both Filipino and Cebuano.
They welcomed the TC III’s directive to the Registry to facilitate the interpretation services by the first day of trial so Filipino audiences could understand the opening remarks of all parties and participants.
Article continues after this advertisement
But in the interest of the trial being efficient and expeditious, Andres said that the victims would be receptive to having only Filipino translation while judges and lawyers speak during the court session.
READ: ICC chamber sets start of Duterte trial on Nov. 30
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Based on the 16-page less-redacted document containing charges submitted in July last year by the prosecution, 19 alleged drug suspects and criminals were killed by members of the Davao Death Squad in various areas in Davao City, where the Cebuano language is primarily spoken.
“We very much also urge the Registry to make the necessary arrangements so that for the opening statements at the end of November, there can be interpretation even if there isn’t a sufficient pool of interpreters for witnesses. I think it’s important that opening statements can be understood by those in the Philippines,” British judge Joanna Korner said in the status conference on Wednesday.
Victims’ application
The chamber, presided by Korner, decided during the first status conference on Wednesday that the cutoff for the application of new victims in the case would be the last day of the prosecution’s presentation of evidence.
Andres, who is an international law and human rights expert listed in the ICC to practice, explained that this means that victims’ application would remain open while the trial is ongoing and may even last for up to one or two years from now.
The trial has been set to start on Nov. 30 and is likely to be held five times a week, depending on what the new findings of Duterte’s medical assessment would be.
The TC III’s decision to keep the applications going while Duterte is already on trial is in agreement to the position of principal counsel Paolina Massidda of the Office of Public Counsel for Victims (OPCV), but in contrast to the stance expressed by defense lead counsel Peter Haynes.
The British barrister, who early this month took over the case of Duterte, suggested to the chamber that the victims’ application end in September this year, or before the trial begins.
Haynes also cited to the court his experience in previous cases, specifically the purported “harm” caused in admitting thousands of victims, who later learned that they were unqualified to receive reparations after the accused was convicted.
Not exhaustive list
“So I would hope that there will be careful analysis on the part of those assessing those applications on whether they fall within the ambit of indictment as it is currently pleaded because it is doing victims no favors to allow thousands and thousands of them to believe that they might receive compensation at the end of the day,” Haynes said.
Massida, however, pointed out that the 78 killings and attempted killings in 49 incidents cited in Duterte’s charges merely represented the “victimization” and are not the “exhaustive list,” and, therefore, the victims’ lawyers are already receiving an influx of new victims wanting to be recognized in trial.
“Our assessment is done by having contact with affected communities, and [this] already indicates that a number of victims are already (coming in) contact with us to manifest their willingness to participate in this trial,” the head of the OPCV said.
‘A-B-C’ approach
For his part, Philipp Ambach, the chief of the Registry’s victims participation and reparations section, pointed out that Haynes’ concern about the defense being burdened by applications throughout the trial could be “minimized” if it adopts the “A-B-C” approach.
The Registry has proposed the continued use of the approach, which is based on the ICC’s Chambers Practice Manual that classifies the applications as Group A for those “clearly qualified” as victims; Group B for those who “clearly do not qualify” as victims, and Group C for those with the ICC Registry “could not make a clear determination for any reason.”
For Andres, the families of drug war victims, who have been seeking justice for nearly a decade, eagerly want to be part of the proceedings of The Hague-based tribunal, which has allowed the wheels of justice to turn for them.
“What’s important is that the victims be given the opportunity to apply and participate in accordance with the right to truth and justice,” he added. /cb
MANILA, Philippines — Filipino lawyers for drug war victims are expecting “thousands” more individuals to seek participation in the trial of former President Rodrigo Duterte before an