The prosecution in the crimes against humanity case of former president Rodrigo Duterte at the International Criminal Court has asked the trial chamber judges to admit the previously recorded testimonies of five additional witnesses ahead of the start of trial on Nov. 30.
In a redacted filing dated Oct. 16, the prosecution asked the Trial Chamber III to allow it to submit the recorded testimonies of unnamed witnesses identified as P-1087, P-1151, P-1158, P-1161, and P-1204.
“Their evidence is particularly relevant to the policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines and to [REDACTED] to implement this policy,” the filing read.
The prosecution said admitting the recorded testimonies would save court time as it would shorten the direct examinations for each witness when they appear at trial.
The recorded testimonies of the witnesses consist of transcribed interview statements and associated materials that were used or explained by the witnesses during their interviews.
Witness evidence
According to the filing, P-1087, P-1151 and P-1161 have evidence concerning the President Rodrigo Roa Duterte list, or PRRD list, which allegedly “provided officers with a feeling of impunity.”
P-1087 also questioned the credibility of Philippine National Police’s reports on killings during its operations and described how killings were normalized during Duterte’s presidency.
P-1151 offered further evidence on a “system of rewards, including monetary, for police officers involved in killings.” He also described Duterte’s appointment of officials to positions the prosecution considers crucial to the execution of the crimes.
The prosecution said P-1204 also described changes within the PNP following Duterte’s election as president and provided hearsay evidence concerning other killings.
Duterte’s individual criminal responsibility, including his alleged knowledge and intent, was also addressed in P-1158’s testimony, the prosecution added.
The prosecution argued that admitting the recorded testimonies would not undermine Duterte’s rights, as the defense would still have the opportunity to cross-examine the witnesses during the trial.
The filing marks the prosecution’s second application under Rule 68(3) of the ICC Rules of Procedures and Evidence, which allows the submission of prior recorded testimonies subject to certain requirements.
Trial Chamber III has granted the prosecution’s first application concerning the statement of another unnamed witness regarding the Davao Death Squad.
A separate application under Rule 68(2), covering witnesses who are said to have knowledge on drug war-linked killings in Central Luzon, remains pending before the chamber.
Duterte is facing three counts of murder as crimes against humanity arising from alleged killings tied to his drug war campaign. The last status conference on his case is scheduled on Nov. 2, before his trial officially begins on Nov. 30.
