ICC allows prior testimony of witness in Duterte case

The International Criminal Court (ICC) has allowed prosecutors to use the prior recorded testimony of witness P-1100 in the crimes against humanity case against former President Rodrigo Duterte, while limiting the prosecution to one hour of additional questioning when the witness appears in court.

In a decision dated 2 October, Trial Chamber III granted the prosecution’s application under Rule 68(3) of the ICC Rules of Procedure and Evidence, finding that P-1100’s evidence and reports were relevant to the “background and context” of the case.

The chamber said allowing the prior testimony would also help shorten the proceedings by reducing the time prosecutors would need to question the witness.

“The Chamber is further satisfied that the introduction of P-1100’s prior recorded testimony will advance the expeditiousness of the proceedings,” the judges said.

But the chamber rejected the prosecution’s request for two hours of supplementary examination, saying the proposed period was excessive given the nature of P-1100’s evidence.

“The Prosecution shall therefore streamline its questioning so as to complete its examination of P-1100 within one hour,” the chamber ordered.

The prosecution said P-1100’s testimony contains evidence concerning an alleged policy to “neutralise” suspected criminals through violent crimes, including murder, as well as the alleged modus operandi of the Davao Death Squad.

Prosecutors also said the testimony bears on Duterte’s alleged individual criminal responsibility, including his alleged knowledge and intent.

The defense opposed the admission of the prior testimony, challenging the relevance and probative value of the evidence and questioning the witness’s personal knowledge of matters disputed in the case.

The chamber nevertheless found that the substance of P-1100’s evidence and the reports he produced “appear relevant to the background and context in this case.”

The judges said the admission of the prior statement would not replace the witness’s oral testimony or undermine Duterte’s fair-trial rights.

The defense will still have the opportunity to question P-1100 on matters arising from his evidence, the chamber said. The use of the prior testimony, however, remains subject to P-1100 appearing before the court and consenting to the introduction of his statement.

Evidence limits

The chamber also allowed five items of evidence submitted by prosecutors in connection with P-1100’s testimony, including three formal reports authored and submitted by the witness.

Four other documents were excluded after the chamber found that P-1100 had not meaningfully used or explained them in his statement.

The judges also cautioned prosecutors against unnecessarily adding to the case record, particularly materials that are repetitive or have “such limited relevance as to be almost irrelevant.”

The ruling comes as the ICC prepares for Duterte’s trial, which is scheduled to open on Nov. 30.

Duterte, 81, is charged with crimes against humanity over alleged killings linked to the campaign against illegal drugs during his presidency and his earlier tenure as Davao City mayor.

The prosecution has alleged that thousands of suspected drug offenders were killed under Duterte’s anti-drug campaign. Duterte has denied wrongdoing.

P-1100’s testimony is among the evidence the prosecution is seeking to introduce as the court moves toward the trial proper.