Rodrigo Duterte camp opposes use of 2 witnesses' recorded testimonies at ICC trial

Former president Rodrigo Duterte’s defense team has opposed the prosecution’s request to admit the previously recorded testimonies of two witnesses at the International Criminal Court (ICC) without requiring them to testify in court.

In a document dated October 26, the defense asked the ICC Trial Chamber III to reject the prosecution’s application to admit the prior recorded testimonies of witnesses identified as P-1393 and P-1416.

“It submits, however, that P-1393 and P-1416 should be heard viva voce or, alternatively, pursuant to Rule 68(3), given the centrality of their evidence and the need for crossexamination,” the defense said.

“The admission of associated materials must likewise remain subject to the Chamber’s strict criteria and cannot extend to evidence that witnesses have neither meaningfully addressed nor explained in their prior recorded testimony,” it added.

In the alternative, the defense requested the Trial Chamber III to reject the request for admission of two associated materials identified as PHL-OTP-0003-1004 and PHL-OTP00247446-R01.

Earlier, the prosecution restructured its list of evidence in Duterte’s crimes against humanity case in connection with the alleged drug war killings.

The prosecution also asked the Trial Chamber III to admit the prior recorded testimonies of three witnesses identified as P-1370, P-1393, and P-1416, instead of requiring them to testify live.

Witness P-1393’s recorded statement attributed an alleged killing to payments allegedly made by Duterte to police officers. The statement also referred to alleged quotas for police officers and payments they supposedly received from funeral parlors for each body delivered.

“Also relevant is that P-1393 did not personally witness his [REDACTED]’s death or the events that preceded it. Rather, he has sought to reconstruct what happened and infer the reasons behind it on the basis of hearsay information provided by third parties who are not Prosecution witnesses,” the defense said.

The defense also cited alleged inconsistencies and contradictions in P-1393’s account.

Meanwhile, witness P-1416’s testimony was relevant to the prosecution’s allegation of a policy to “neutralise” alleged criminals.

P-1416’s recorded statement reportedly discussed his viewing of bodies and bullet wounds, circumstances surrounding the victims’ deaths, his attribution of the killings to police officers, and alleged payments.

“P-1416’s account also contains significant inconsistencies with the only other testimony regarding Incident [REDACTED], provided by [REDACTED]. Those discrepancies require further examination,” the defense said.

Despite its objections, the defense said it did not oppose the admission of the prior recorded testimony of witness P-1370.

“The Defence supports the use of Rule 68(2)(b) to expedite the trial, particularly in light of Mr. Duterte’s age and frailty. However, procedural efficiency must not come at the expense of his fundamental right to defend himself effectively,” the defense said.

Duterte is facing charges of crimes against humanity in connection with the alleged extrajudicial killings in the war on drugs during his term as president, and during his term as mayor of Davao City.

He was arrested in March 2025 at the Ninoy Aquino International Airport Terminal 3 and is currently detained at the ICC Detention Center in Scheveningen in The Hague, The Netherlands.

The trial for Duterte’s case is scheduled for November 30.

The ICC Trial Chamber III found Duterte, 81, fit to stand trial, stating that he “is able to effectively exercise his fair trial rights in the proceedings.”

The drug war saw at least 6,000 people dead, with rights groups believing that the number could be as high as 30,000. —KG, GMA News