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ICC prosecutors submit provisional list of witnesses vs Digong but hide them in pseudonyms

Former President Rodrigo Duterte

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International Criminal Court prosecutors have started submitting a roster of names of individuals standing as witnesses against former president Rodrigo Duterte in his upcoming trial for crimes against humanity tied to his bloody drug war campaign.

The prosecution identified the witnesses only by pseudonyms. No further explanations were provided, though prosecutors have commonly used this practice to ensure the safety of the witnesses ahead of the trial proper scheduled on 30 November.

The submission dated 29 June showed that the list of witnesses is merely provisional, and that “the number of witnesses is likely to increase in light of the prosecution’s ongoing investigations.” 

In addition, the prosecution also furnished the Trial Chamber III with a provisional list of evidence aimed at strengthening its case against Duterte. 

Both documents were filed as confidential because they contain “sensitive witness information.”

Deputy Prosecutor Mame Mandiaye Niang informed the court that they will submit the final list of witnesses by 31 August, including additional details about them.

“This will include, inter alia, whether the prosecution intends to call the witness pursuant to rule 68 of the Rules of Procedure and Evidence, as well as a summary of the witness’ testimony,” the submission reads. 

Previously, Niang disclosed that the prosecution intends to present around 60 to 70 witnesses in the trial, subject to further probe and possible inclusion of additional witnesses.

These include 31 insider witnesses, 17 crime-base witnesses, and 12 witnesses “who are relevant to explain the background and the contextual elements of the crimes charged.”

Trial Chamber III Presiding Judge Joana Korner earlier advised the prosecution and the defense to streamline the presentation of evidence and keep it to a “minimum possible,” citing Duterte’s advanced age and health status.

Duterte, 81, is facing three counts of crimes against humanity of murder for the killings of 78 individuals, including six children, allegedly suspected of drug dealings from 2013 to 2018, spanning his tenure as Davao mayor and as president.

It also covered the summary killings purportedly committed by the so-called Davao Death Squad, which was founded and headed by Duterte, as alleged by ICC prosecutors.

While Duterte had been allowed to skip relevant ICC proceedings in the past, including the two status conferences on 27 May and 24 June, he is mandated to appear in the courtroom during the actual trial in November under the ICC  rules. 

The Trial Chamber III had already ordered a court-appointed panel of experts to reevaluate whether Duterte is physically and mentally capable of attending the proceedings, amid repeated claims by his lawyers that he is unfit to stand trial. 

In January, a separate panel of experts found that Duterte is still capable of attending the proceedings, contradicting the defense’s claims of cognitive impairment and unexplained weight loss due to advanced age.

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