MALAYBALAY CITY (MindaNews / 14 February) – Senators Ronald “Bato” dela Rosa and Lawrence “Bong” Go, along with former high-ranking police and government officials, have been named as co-perpetrators in the crimes against humanity of murder against former Philippine President Rodrigo Duterte in relation to his bloody “war on drugs.”
The names of dela Rosa and Go appeared in the public lesser redacted “Document Containing the Charges” released by the Pretrial Chamber 1 of the International Criminal Court (ICC) Friday, 10 days before the confirmation of charges hearing on February 23.
The charges read: “At least between 1 November 2011 and 16 March 2019, DUTERTE and his co-perpetrators shared a common plan or agreement to ‘neutralize’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder (‘Common Plan’).”
As an indirect co-perpetrator, Duterte is “individually criminally responsible pursuant to article 25(3)(a) of the Rome Statute,” according to the charges.
Aside from dela Rosa and Go, named as Duterte’s co-perpetrators and “members of the Common Plan” were:
Vicente Danao, chief of Davao City Police Office (DCPO) from October 2013-June 2016, who held various positions at PNP afterwards, including as counterintelligence chief at the national headquarters;
Camilo Cascolan, finance chief of Davao Region Police Office from 2011-2012, and chief of staff of the PNP Office of the Chief of Directorial Staff from September 2018-October 2019, among other positions;
Oscar Albayalde, PNP chief from April 2018-October 2019, and before that, regional director of the National Capital Region Police Office;
Dante Gierran, Davao Regional Director of the National Bureau of Investigation (NBI) from 2013–2016, and Director of the NBI from 2016-2020;
Isidro Lapeña, DCPO chief from 1996-1998, and chief of the Philippine Drug Enforcement Agency (PDEA) from 2016-2017; and
Vitaliano Aguirre II, lawyer for Duterte and allegedly also for “other members of the Davao Death Squad (DDS), and Secretary of Justice from July 2016-April 2018).
The document also mentioned “other members of the PNP and high-ranking government officials.”
Albayalde succeeded dela Rosa as PNP chief, after the latter resigned in 2018. Dela Rosa had also served as DCPO chief from January 2012-October 2013.
Before becoming senator in 2019, Go served as Duterte’s personal aide from 1998-2016. When Duterte became president, he was appointed as Special Assistant and chief of the Presidential Management Staff, from 2016-2018.
The charges allege that Duterte, as mayor, directed law enforcement officials, the DDS (described as non-police hitmen or low-level police who “physically carried out the crimes”), as well as City Hall workers and barangay officials to kill suspected criminals. “Duterte’s approval was required for DDS members to conduct killings in Davao City.”
The charges further allege that upon assuming the presidency in 2016, “Duterte appointed co-perpetrators from Davao City to high-level national positions which enabled them to exercise control over the physical perpetrators,” who built “the National Network” comprising law enforcement officers from the PNP, PDEA, NBI, and Bureau of Corrections, and non-police assets and hitmen. These elements operated “in a similar manner as the DDS in conducting operations to kill alleged criminals in accordance with the Common Plan.”
3 counts
The Prosecution has charged Duterte with three counts of murders and attempted murders below, although, as it alleged, “the actual scale of victimization during the charged period was significantly greater, as reflected in the widespread nature of the attack.”
These charges were categorized into the following: murders in or around Davao City during the Mayoral period by the DDS; murders of High-Value Targets during the Presidential period; and murders and attempted murders in barangay clearance operations during the Presidential period.
The first count cites nine incidents in Davao City from 2013-2016 which led to the death of 12 alleged criminals in Davao City and seven others in Davao del Norte. Eight of them were suspected drug pushers, four were alleged thieves, and the remaining seven were simply labeled as criminals.
The second count covers five drug-related incidents in Ozamiz City, Leyte, and Manila, and two other places whose names were redacted. This relates to 14 alleged murders including the November 5, 2016 deaths of Rolando Espinosa Sr. and Raul Yap while in custody at the Leyte Sub-Provincial Jail in Baybay City, and the July 30, 2017 early morning raid leading to the death of Ozamiz City Mayor Reynaldo Parojinog Sr. and several other individuals.
Espinosa, Yap, and Parojinog were listed as high-value targets on Duterte’s drug list.
The third count mentions 35 incidents that occurred mostly in Bulacan and Metro Manila involving 45 alleged murders and attempted murders of suspected drug pushers and users. Among the incidents was the highly-publicized case of alleged drug user Kian Lloyd delos Santos, a 17-year-old student from Caloocan City. The police officers involved in the operation have been found guilty of murder and sentenced to reclusion perpetua.
The ICC Office of the Prosecutor opened an investigation into crimes in the Philippines within the jurisdiction of the court in September 2021. The investigation covers alleged crimes committed from November 2011 until March 16, 2019, a day before the country’s withdrawal from the Rome Statute, the ICC’s founding treaty, took effect.
From February 23 to 27, the ICC will hear evidence against Duterte in a confirmation of charges hearing to determine whether the case against him should proceed to trial. (H. Marcos C. Mordeno/MindaNews)
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