Victims’ lawyers urge ICC to protect traumatized witness in Duterte case
Families of victims of the war on drugs under former President Rodrigo Duterte, along with human rights advocates, gather at the National Council of Churches in the Philippines in Quezon City on September 16, 2026, to watch the livestream of the International Criminal Court’s third status conference. In a rare appearance, Duterte attended the proceedings, which the families of victims welcomed as a sign that he is fit to stand trial. Jire Carreon, ABS-CBN News/FileMANILA — Victims’ legal representatives are pressing the International Criminal Court to admit a key witness’ prior recorded testimony, aiming to spare them from reliving the trauma of her family member’s killing on the witness stand during the proceedings against Rodrigo Roa Duterte.
In a newly made public redacted filing dated November 10, 2026, the Common Legal Representatives of Victims formally supported a prosecution request concerning witness P-1303. The legal team argued that admitting the witness’s prior statement under Rule 68(3) of the Rules of Procedure and Evidence is essential to safeguard her psychological well-being while ensuring an expeditious trial.
According to the filing, the witness experienced highly traumatizing events and would face a significant emotional burden if forced to recount the details fully in court.
The representatives noted “that recounting the events… causes her severe distress.”
“The need to limit the extent to which she must recount the particularly traumatizing events… should be a significant consideration for Trial Chamber III,” the legal representatives stated.
While P-1303 is expected to consent to the introduction of her prior recorded statements, she will remain subject to questioning by the Defense, ensuring that the accused’s rights to a fair trial are fully preserved.
“P-1303 will remain subject to be questioned by the Defense and may still be required to recount aspects of the events affecting her and her children,” the filing explained.
The legal team emphasized that utilizing previously recorded testimonies fulfills court requirements and directly aligns with Article 68(1) of the Rome Statute, which obligates trial chambers to take appropriate measures to protect the safety, physical and psychological well-being, dignity, and privacy of victims and witnesses.
They also pointed to Article 64(2), which requires trials to be fair, expeditious, and conducted with due regard for the protection of those testifying.
By reducing the time the witness must spend recounting the sequence of violent events, the legal representatives concluded that the court can meaningfully lower the overall emotional impact on the witness without compromising the integrity of the judicial process.
“Admitting her prior recorded statement would help to avoid unnecessary repetition of her traumatic experiences while preserving the Defense’s opportunity to examine her,” the legal team said.
Trial Chamber III has previously issued directions on the conduct of proceedings, and the matter now rests with the court to determine whether P-1303’s prior recorded testimony will be formally admitted.