The prosecution in the case of former president Rodrigo Duterte at the International Criminal Court has asked the Trial Chamber III to admit as evidence the statements of a former police officer and member of the Davao Death Squad, who is no longer available to testify at trial.
In a five-page document dated Nov. 5, the prosecution described the evidence of the witness, identified using the code P-0002, as “relevant, reliable, and probative.”
The evidence, according to the filing, would help establish Duterte’s individual criminal responsibility, including the origins, structure and purpose of the DDS.
P-0002’s statement supports the prosecution’s claim that a policy existed to “neutralize” alleged criminals in Davao City, it further said. He pointed out financial incentives on killings, the use of state and civilian forces, and the role of Duterte’s alleged co-perpetrators in spreading the policy.
The statement is also relevant to establishing the widespread nature of the attacks against alleged criminals in Davao City during Duterte’s term as mayor, a necessary element in proving that the killings constituted crimes against humanity, the filing said.
The prosecution interviewed witness P-0002 from May 10 to 16, 2022, in the presence of Duterte’s lawyer and another counsel appointed to represent the witness.
However, the prosecution was informed on June 23, 2024 that the witness was no longer available to testify. The reason was redacted in the filing.
The prosecution argued that the witness’ evidence had been preserved under the rules of the Rome Statute and should therefore be admitted by the chamber.
Aside from P-0002’s statements, the prosecution also asked the trial chamber to admit the 62 items that form part of his evidence, including handwritten notes, affidavits, photographs, charts, and legal documents related to his work as a police officer.
Protective measures for 55 witnesses
In a separate document filed on the same day, the prosecution requested in-court protective and special measures for 55 witnesses who are expected to testify at trial, citing the need to protect their safety, dignity, and privacy.
The requested measures include concealing witnesses’ identities from the public through the use of pseudonyms and face and voice distortion when they appear at trial.
The prosecution also sought closed or private sessions to protect sensitive portions of their testimonies, as well as steps to support their psychological well-being during their testimony.
“The measures requested are needed to ensure that the witnesses are able to provide unfettered evidence, and in so doing, assist the Court in establishing the truth,” the filing read.
The protective measures would cover six categories of witnesses: insiders residing in the Philippines, crime-based witnesses in the Philippines, other witnesses in the Philippines, witnesses residing abroad, witnesses admitted into the ICC’s protection program, and prosecution staff members.
The requested measures would not undermine Duterte’s rights, as the defense would retain the same opportunity to question the witnesses and conduct its own inquiries to test their potential testimony, even if their identities remain confidential.
The first block of Duterte’s trial is scheduled to begin on Nov. 30 and run daily until Dec. 18, before the court breaks for Christmas. Proceedings will resume on Jan. 11.
