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Duterte ICC trial: Victims defend recorded testimonies

(September 16 2026) Families of the drug war victims and rights violations under the Duterte regime, lawyers, church people, and rights advocates hold a group watch on the ICC third status conference in the case of former President Rodrigo Duterte before the International Criminal Court (ICC), held at National Council of Churches in the Philippines 879 EDSA, Quezon City, on Wednesday September 16 2026. Photo/Analy Labor

(September 16 2026) Families of the drug war victims and rights violations under the Duterte regime, lawyers, church people, and rights advocates hold a group watch on the ICC third status conference in the case of former President Rodrigo Duterte before the International Criminal Court (ICC), held at National Council of Churches in the Philippines 879 EDSA, Quezon City, on Wednesday September 16 2026. Photo/Analy Labor

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Recorded accounts of alleged extrajudicial killings in Central Luzon should be admitted as evidence in former President Rodrigo Duterte’s International Criminal Court (ICC) trial, lawyers representing victims of his anti-drug campaign have argued.

In a 27 October filing, the victims’ lawyers backed prosecutors’ bid to admit the statements of three witnesses without requiring them to testify in court, saying the accounts could help establish the broader circumstances of the alleged crimes against humanity.

“The Request should be granted, as the requirements of rule 68(2)(b) of the Rules of Procedure and Evidence are satisfied,” lawyers Gilbert Andres, Joel Butuyan and Paolina Massidda said.

The witnesses, identified as P-1370, P-1393 and P-1416, provided accounts concerning alleged killings in Central Luzon rather than Duterte’s personal actions, the lawyers argued.

“The evidence principally concerns the alleged extrajudicial killings committed in Central Luzon, the Philippines, and is probative of the contextual elements of crimes against humanity,” the filing stated.

The lawyers said the testimonies relate to Count 3 of the charges against Duterte and could help establish the alleged policy of killing suspected drug offenders.

“They relate to the broader context of the so-called ‘War on Drugs’, including the alleged policy of killing persons suspected of involvement in drug-related activities,” they said.

The victims’ representatives maintained that the statements were reliable, having been voluntarily recorded during the prosecution’s investigation in the Philippines, and could corroborate other evidence without prejudicing Duterte’s rights.

The filing follows the defense’s 26 October objection to admitting the recorded accounts of P-1393 and P-1416 without live questioning.

Duterte’s lawyers cited alleged inconsistencies and questioned information obtained from third parties, including allegations involving police killings and payments linked to anti-drug operations. They did not oppose the admission of P-1370’s testimony.

Under Rule 68(2)(b), the ICC may admit recorded testimony without requiring witnesses to appear in court, subject to conditions concerning the accused’s acts and conduct, reliability and fairness.

The victims’ lawyers also cited the need to protect witnesses while avoiding unnecessary delays.

“Their introduction would also serve the interests of justice by contributing to the expeditious conduct of the proceedings and conserving the Court’s time and resources,” they said.

Duterte faces three counts of crimes against humanity involving alleged murders and attempted murders during his tenure as Davao City mayor and Philippine president.