ICC prosecution seeks to add 3 witness testimonies in Duterte case

The prosecution at the International Criminal Court (ICC) has asked judges to admit the previously recorded testimonies of three witnesses in the crimes against humanity case against former Philippine President Rodrigo Duterte, arguing that their accounts could help establish an alleged policy of targeting suspected criminals through violent crimes, including murder.

In a public redacted filing dated October 12, prosecutors sought permission to submit the statements of witnesses identified as P-1370, P-1393, and P-1416, along with supporting documents, as evidence in lieu of their live testimony in court.

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The application, originally filed on October 7, was made under Rule 68(2)(b) of the ICC’s Rules of Procedure and Evidence, which allows the admission of previously recorded testimony concerning matters other than the accused’s acts and conduct, subject to specific requirements.

The prosecution said the witnesses’ accounts primarily concern alleged extrajudicial killings in Central Luzon and the broader context of crimes against humanity, specifically supporting allegations of a policy to “neutralise suspected criminals through violent crimes, including murder.”

The prosecution noted that the testimonies of P-1370 and P-1416 also relate to a specific incident covered by the charges, although details were redacted in the public filing.

The statement of P-1393, meanwhile, concerns the alleged killing of a man by police officers in San Jose del Monte City, Bulacan.

According to the prosecution’s summary, P-1393 claimed the victim was unarmed and did not resist arrest, contrary to police reports. The witness also recounted hearing gunshots and said neighbors told them officers had allegedly staged a self-defense scenario by planting drugs, a firearm, and money on the victim.

P-1393 also described alleged changes in police conduct during “One Time Big Time” operations after Duterte became president, including an alleged preference for killings over arrests to meet quotas imposed by the then-chief of the San Jose del Monte City Police Station.

The prosecution further said the witness’s account indicated that police officers involved in the killing did not face disciplinary action.

The other two witnesses provided accounts concerning missing individuals and the discovery of bodies bearing gunshot wounds, according to the filing. Their identities and several details surrounding the incidents were withheld in the public version to protect sensitive witness-related information.

Prosecutors argued that the testimonies are relevant, reliable, and corroborative of other evidence expected to be presented during the trial. They said the statements “would assist in the expeditious conduct of the proceedings” and help avoid the need for the witnesses to appear in court.

The prosecution also maintained that admitting the testimonies would not prejudice Duterte’s rights, noting that the defense could question other witnesses about the information, present contradictory evidence, and challenge the weight given to the statements.

The filing noted that the defense would retain the opportunity to “challenge the evidence and its probative value,” as well as to present evidence contradicting the witnesses’ accounts.

The request remains an application by the prosecution. The October 12 filing does not contain a ruling by the chamber on whether the three witnesses’ recorded testimonies will be admitted.

Duterte faces crimes against humanity charges before the ICC over his administration’s war on drugs. He has consistently denied wrongdoing in the case.