The prosecution at the International Criminal Court has asked Trial Chamber III to admit the previously recorded testimonies of three witnesses who allegedly have evidence of extrajudicial killings and the context of crimes against humanity charges against former president Rodrigo Duterte.
In a 14-page request, prosecutors asked the chamber to admit the testimonies of witnesses identified as P-1370, P-1393 and P-1416.
Their testimonies concern alleged murders by Philippine National Police members in Central Luzon and a policy to “neutralize through violent crimes, including murder, alleged criminals in the Philippines,” according to the filing.
The evidence consists of the witnesses’ statements and related documents they used or explained during their testimony.
Prosecutors said the testimonies of P-1370 and P-1416 would provide “proof of murders” allegedly committed by police and non-police assets under Count 3 of the charges against Duterte.
It also said P-1393 described changes in police conduct during “One Time Big Time” operations after Duterte became president, including a “preference for killings instead of arrests to reach the quotas” allegedly imposed by the San Jose del Monte City Police Station and a redacted individual.
Prosecutors said the testimonies would corroborate or supplement evidence from other witnesses expected to testify orally before the court.
They maintained that admitting the three witnesses’ recorded statements “would not be prejudicial to, or inconsistent with the rights” of Duterte.
“The defense retains the possibility to cross-examine other viva voce witnesses on the basis of information contained in the prior recorded testimonies,” the prosecution said.
Restructured list of evidence
In a separate submission, prosecutors filed an updated list of evidence in compliance with an order from Trial Chamber III.
The list was reorganized into seven categories to “provide a clearer understanding of the categories of evidence:”
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- Materials cited in the prosecution’s trial brief and annexes
- Materials related to trial witnesses
- Speeches by Duterte and other co-perpetrators
- Materials from specific collections
- Materials received from [REDACTED] and nongovernmental organizations
- Open-source materials
- Other materials
The first category contains “key items of evidence” in the case, prosecutors said.
They also said they had removed 253 items from the evidence they intend to present at trial and proposed further reductions if the defense agrees.
“As indicated, should the defense agree to the proposed agreed facts in relation to the [REDACTED] collection, the prosecution would remove almost 7,000 items from its list of evidence,” the filing said.
Trial Chamber III held its fourth status conference on Oct. 13 in preparation for Duterte’s trial, which is set to begin on Nov. 30.
Duterte attended the conference, as no waiver of appearance was submitted to the chamber.
