ICC prosecutor seeks admission of key Davao Death Squad witness evidence in Duterte case

MANILA — The Office of the Prosecutor of the International Criminal Court (ICC) has formally requested Trial Chamber III to admit into evidence the recorded statements and extensive associated materials of a former Davao City police officer and alleged Davao Death Squad (DDS) member, characterizing the submission as evidence “of particular importance” in the prosecution of former president Rodrigo Duterte.

In a public redacted version of the motion dated Nov. 5, 2026, Acting Prosecutor Mame Mandiaye Niang urged the tribunal to admit 45 transcribed interview statements and 61 associated items from a witness designated as “P-0002” under Article 69(4) of the Rome Statute.

According to the filing, the witness was identified as “a Davao City Police officer and a member of the Davao Death Squad.”

The prosecution said P-0002 provided detailed testimony touching directly on “Mr Duterte’s individual criminal responsibility and mens rea,” as well as “the contextual elements of crimes against humanity during the Mayoral period” and a specific charged incident.

Specifically, P-0002’s account details “the origins, structure, and purpose of the DDS” and elaborates on “the scope of the Common Plan in Davao City and the role of Co-Perpetrators during the Mayoral period.” 

The prosecution further noted that the testimony supported the existence of a “policy” to target alleged criminals through “(i) the provision of financial incentives; (ii) the use of State and civilian forces; and (iii) the dissemination of this policy by Mr Duterte to the perpetrators.”

The procedural history outlined in the filing revealed  that the interviews were conducted under exceptional judicial authorization to preserve testimony that faced a high risk of being lost.

On Nov. 10, 2021, the prosecution had temporarily suspended its investigative activities following a deferral request by the Philippine government.  

However, on Feb. 11, 2022, prosecutors sought emergency authorization from Pre-Trial Chamber I under Article 18(6) to interview P-0002, citing “extenuating circumstances” and “a significant risk that P-0002’s evidence may not be subsequently available [REDACTED].”

Pre-Trial Chamber I granted the request on Feb. 18, 2022, ruling that “there currently is a unique opportunity to interview P-0002” and appointing defense counsel to ensure the integrity of the process.

P-0002 was subsequently interviewed across seven days between May 10 and 16, 2022, with both defense counsel and the witness’s own legal counsel present.

To complement the 45 interview transcripts, the prosecution is seeking the inclusion of 61 associated items to provide complete context. 

The evidentiary package includes 10 batches of handwritten notes, four affidavits, 34 photographs depicting alleged co-perpetrators, four organizational charts mapping the DDS structure over time, Philippine National Police (PNP) service records, personal identification, truck registration files, and legal documents regarding the possession and sale of the witness’s assault rifle.

Addressing potential defense objections regarding fairness, the prosecution argued that the material was clear, internally consistent, and voluntarily given.

“P-0002’s evidence is sufficiently relevant and probative to outweigh any prejudicial effect that could be caused from its admission to a fair trial or to a fair evaluation of the testimony of a witness or any other evidence on the record,” the filing stated.

The prosecution concluded that granting the request would directly assist Trial Chamber III in determining the core issues of the case, asking the judges to rule favorably on the admission of P-0002’s evidence.