Communications Undersecretary and Palace Press Officer Claire Castro on Thursday raised concerns that lead defense counsel Nicholas Kaufman may face challenges in addressing former President Rodrigo Duterte’s sworn statements in proceedings before the International Criminal Court (ICC).
The issue emerged after Kaufman characterized Duterte’s past speeches as “hyperbole,” arguing that rhetoric alone does not establish criminal liability for drug war-related deaths.
“That would have been the classical way to prove a clausal link between stuff that came out of Duterte’s mouth, to the deaths pertinent of the case,” Kaufman said as his camp submitted arguments before the ICC Pre-Trial Chamber I.
Castro acknowledged the reasoning but noted the prosecution must connect Duterte’s speeches to killings, such as the 32 deaths in Bulacan within 24 hours in August 2017.
“Medyo nakikita ko ‘yung punto rito nitong si Kaufman. Noong sinabi niya na you cannot correlate the mere speeches kasi pwede siyang political hyperbole. Exaggeration lang para ikaw ay matakutan,” she said in a TV interview. “So dapat i-connect talaga ng prosecution itong speeches doon sa patayan.”
However, Castro pointed out that sworn statements made by Duterte in congressional hearings could complicate the defense.
“Tingin ko baka mahirapan si Kaufman, for me, my analysis, ‘yung mga statements ni dating Pangulo Duterte which were made under oath before the House of Representatives and before the Senate kasi under oath ‘yun,” she said. “Hindi mo pwede sabihing hyperbole or exaggeration ‘yun. So it’s for Atty. Kaufman how to debunk those statements.”
During a 2024 Senate Blue Ribbon hearing, Duterte declared under oath that he had “no apologies, no excuses” for deaths during his presidency.
He also admitted maintaining a “death squad” while serving as Davao City mayor, describing it as composed of seven “gangsters” he could allegedly direct to carry out killings.