FACT CHECK: Photo of Duterte with a gun, shown at ICC, taken out of context in viral video

Claim: An old photo of former president Rodrigo Duterte holding an assault rifle was presented at the confirmation of charges hearing at the International Criminal Court (ICC) to show that he was behind the extrajudicial killings.

Rating: MISSING CONTEXT

Why we fact-checked this: A YouTube video posted on February 24 by Pinoy Views and Opinion is spreading the claim. As of writing, it has gained more than 33,000 views, 2,300 likes, and 376 comments.

In the video, the narrator shows a screenshot of a GMA Public Affairs post showing Duterte holding a gun, which was presented during the ICC pre-trial hearing on February 23.

The narrator then says, “Basura ang mga ebidensyang iprinisenta ng prosekusyon laban kay Tatay Digong Duterte. Ang mga ebidensya nila ay mga letrato na makikita niyo lang naman sa internet. Basta may makita silang lumang letrato ni Tatay Digong, pinresinta nila ito bilang ebidensya na nagpapatunay sa EJK nila Tatay Digong. Isa na itong larawan ni PRRD na may hawak na baril…Isa daw itong patunay na si Duterte ang nasa likod ng EJK.”

(The evidence presented by the prosecution against Father Digong Duterte is garbage. Their evidence consists of photos that you can just find on the internet. Whenever they find an old photo of Father Digong, they present it as evidence to prove that he was behind the EJKs [extrajudicial killings]. Take this photo of [former president Rodrigo Roa Duterte] holding a gun… they say it’s proof that Duterte is behind the killings.)

Several top commenters expressed contempt towards the ICC for supposedly “baselessly” detaining the former president, who faces crimes against humanity charges stemming from alleged killings carried out by the Davao Death Squad and killings in the so-called war on drugs.

The facts: The photo of Duterte holding a gun was presented by ICC Senior Trial Lawyer Julian Nicholls during the prosecution’s submission of merits as part of Duterte’s background information. It was used to illustrate how Duterte projected himself to the public, contrary to the misleading YouTube video’s implication that it was presented as a direct link to the extrajudicial killings.

Starting from the 4:45:21 mark of the pre-trial livestream, Nicholls said, “He thrives on a tough guy persona or image that he’s tried to create for himself.”

“Riding a Harley-Davidson, shooting a semi-automatic pistol, this is the image he’s trying to create from the beginning. He likes to pose with weapons,” he added, presenting a photo labelled “PHL-OTP-0003-0199 at 0001.” The photo shows Duterte holding a gun, alongside now Senator Ronald dela Rosa. (READ: The Duterte dynasty: Powered by guns)

The photo was taken by photojournalist Renato Lumawag and was used in a December 2016 Reuters article. The photo bears the caption, “BROTHERS IN ARMS: Mayor Rodrigo Duterte inspects the assault rifle of police officer Ronald Dela Rosa (far left) in a village in the Davao area in 1997. After becoming president earlier this year, Duterte made Dela Rosa national police chief.”

Confirmation of charges hearing: Duterte’s pre-trial hearing, which will determine if there is enough evidence against the former president to establish substantial grounds to believe that he is responsible for alleged crimes against humanity, is currently ongoing and is scheduled to run over four days — February 23, 24, 26, and 27.

During the first day of the pre-trial, the prosecution presented the merits of the case, citing witness testimonies and Duterte’s public remarks admitting that he has a death squad.

On Day 2 of the hearing, the prosecution detailed how Duterte was allegedly at the top of the command line in enforcing a state policy of killing alleged drug users and peddlers, citing insider statements and official government documents. (READ: Insider witnesses: Duterte drug war victims ‘had to be the poor’)

Recurring claim: Duterte’s ICC case has been the subject of many fake claims since his arrest. Rappler has debunked these posts:

• FACT CHECK: Duterte ICC case still ongoing, not dismissed
• FACT CHECK: Photo showing relatives of drug war victims holding designer bags is altered
• FACT CHECK: ICC ruling on Duterte waiver misrepresented as decision on his release
• FACT CHECK: Screenshot of news report is altered, shows fake drug war ‘victim’
• FACT CHECK: Duterte not back in Davao amid confirmation of charges hearing
• FACT CHECK: No ICC ruling allowing Duterte to return to PH wearing location tracker
• FACT CHECK: No proof of Duterte in ‘critical’ condition
• FACT CHECK: Viral photo of Duterte reunited with daughter Kitty is manipulated
• FACT CHECK: Duterte’s ICC case not dismissed; claim of insufficient evidence is false
• FACT CHECK: Duterte did not leave ICC detention for one hour; photo is AI-generated

For credible updates about the Duterte case, follow the ICC website and Rappler’s special coverage of the ICC proceedings. – Princess Leah Sagaad/Rappler.com

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