ICC prosecution seeks admission of expert report, 3 testimonies in Duterte case

MANILA — The prosecution at the International Criminal Court (ICC) has filed separate applications seeking to introduce an expert report and the previously recorded testimonies of three witnesses as evidence in the crimes against humanity case against former Philippine President Rodrigo Duterte.

In its fourth application, dated October 21 and made public in a redacted version on October 23, the prosecution asked judges to admit an expert report from a witness identified as P-1400, along with 15 related items.

The prosecution also sought permission to conduct a two-hour supplementary examination of the expert witness, saying this would reduce the witness’s direct examination from five hours to two hours and save approximately three hours of court time.

“Granting the Request will enhance the expeditiousness of the proceedings by reducing the length of the witness’s direct examination from five hours to two hours, saving approximately three hours of court time,” the prosecution said.

The prosecution described the expert report as “relevant, reliable and probative,” arguing that it falls within the witness’s area of expertise and would assist the chamber in determining the issues in the case.

In a separate fifth application, dated October 22 and made public on October 23, the prosecution sought to introduce the previously recorded testimonies of witnesses identified as P-1155, P-1156, and P-1157, along with related documents.

The testimonies concern murders allegedly committed in incidents covered by the charges against Duterte, as well as the alleged motives for targeting victims, orders and instructions linked to the killings, and payments associated with certain incidents.

According to the prosecution, the testimonies also contain evidence relevant to its allegations concerning Duterte’s individual criminal responsibility and the broader context of the alleged crimes against humanity.

The prosecution described the testimonies as “relevant, reliable, and probative,” adding that they are internally consistent, supported by documents in certain aspects, and corroborative of other evidence expected to be presented during the proceedings.

The prosecution argued that admitting the previously recorded testimonies would help expedite the trial while allowing the three witnesses to appear in court for cross-examination by the defense and further questioning by the judges, the parties, and the common legal representatives of victims.

If the request is granted, the prosecution is seeking permission to conduct limited supplementary examinations to clarify specific aspects of the witnesses’ evidence.

In both applications, the prosecution maintained that the proposed admission of evidence under Rule 68(3) of the ICC’s Rules of Procedure and Evidence would not prejudice Duterte’s rights, as the defense would retain opportunities to question the witnesses.

The prosecution asked ICC Trial Chamber III to grant both applications, subject to the applicable requirements under Rule 68(3). 

Duterte, who ruled the Philippines between 2016 and 2022 and before that was mayor of the city of Davao, is the first Asian former head of state to face trial at the ICC.

The tribunal prosecutes individuals for the world’s worst crimes such as war crimes and crimes against humanity.

Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders during his offensive from between 2013 and 2018, during his time as mayor and president.