Witnesses testified at the tribunal that suspects and prisoners endure physical and psychological torture. Janry Mensis, a miner in Mindanao, testified via video. He described how he and his brother were arrested, detained and tortured. They were tied and detained inside an ambulance for nine days. Then they were hogtied and their mouths covered with packing tape. The soldiers then strangled them. When the brothers pretended to be unconscious, they were thrown into a pit with wood and oil and set afire. They dragged themselves out of the pit after the soldiers left them for dead. They both suffered third-degree burns and other injuries from the torture.
Duterte declared Martial Law in Mindanao on May 23, 2017, purportedly in response to an invasion in one city by an alleged ISIS-inspired group (ISIS is also known as Daesh). His government has used the Martial Law to conduct illegal arrests and detentions, enforced disappearances, forced displacement and arbitrary deprivation of property, destruction of mosques and schools, and arbitrary denial of humanitarian aid to civilians caught in the crossfire.
After considering this evidence, the tribunal found violations of the International Covenant on Civil and Political Rights; Universal Declaration of Human Rights; Geneva Conventions; Nuremberg Tribunal; International Convention on the Elimination of All Forms of Racial Discrimination; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and UN Declaration on Human Rights Defenders.
Murder, torture and cruel treatment constitute war crimes under the Rome Statute and the Geneva Conventions.
Murder or torture committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, constitute crimes against humanity under the Rome Statute.
Violations of Economic, Social and Cultural RightsThe Philippine and U.S. governments were not the only entities on trial at the tribunal. Other defendants included the International Monetary Fund (IMF), the World Bank, the World Trade Organization (WTO), and transnational corporations and foreign banks doing business in the Philippines.
"Duterte's economic policies result in the deprivation of genuine government service as they divert public funds to corruption and big ticket projects demanded by Defendants World Bank, IMF, WTO and transnational corporations," the tribunal wrote.
The tribunal determined that Duterte "has perpetrated anti-democratic and exclusionary economics and governance as he dramatically perpetuates neoliberal policies imposed or influenced by Defendant actors and transnational entities doing business in the Philippines by the systematic violation of fundamental human rights as exemplified in the mining exploitation." Moreover, the tribunal concluded, "This aggravates even more systemic violations of the people's social, economic and cultural rights."
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