ICC prosecutors seek to admit recorded testimony involving Kian de los Santos, Parojinog killings

International Criminal Court (ICC) prosecutors have sought to admit prior recorded testimonies of two additional witnesses who would corroborate the increase in police killings under former president Rodrigo Duterte’s bloody war on drugs, including the incidents involving Kian de los Santos and former Ozamiz City mayor Reynaldo Parojinog.

The filing, dated 3 November, marked the prosecution’s 10th application to Trial Chamber III to admit recorded testimony from its intended witnesses. Prosecutors maintained that the new testimony is consistent with the evidence other witnesses will provide concerning Duterte’s deadly policy against the illegal drug trade.

The filing identifies the two unnamed witnesses only as P-0025 and P-1382, and it is heavily redacted because it contains sensitive information.

“The two witnesses elaborate on the increase [in] killings during Mr. Duterte’s presidency and the contradiction between [REDACTED] and the Philippine National Police (PNP)’s self-defense allegations,” the filing reads.

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

The figure is expected to rise further as his trial approaches by the end of November, as ICC prosecutors intend to present more witnesses.

P-0025, a female, will testify on “hundred persons killed by law enforcement forces” and recorded murders under Counts 2 and 3, particularly incidents 14, 30, 46, and 55.

Counts 2 and 3 involve murders of “high-value targets” (HVT) and in barangay clearance operations, both during Duterte’s presidential period.

Based on the prosecution’s updated pre-trial brief released on 20 October, Incident 14 relates to the killing of Parojinog, who was listed in Duterte’s list of narcopoliticans and was an HVT.

Parojinog was killed along with his wife, Susan, his brother, Octavio Parojinog Jr., and their sister, Mona, and 14 others in a series of police raids at their compound in San Roque, Lawis, Ozamiz City, on 30 July 2017.

ICC prosecutors asserted that the killings came after Duterte publicly tagged Parojinog in the illegal drug trade during a 7 August 2016 press conference.

De los Santos, street-level killings

Incident 30, meanwhile, pertains to De los Santos, a 17-year-old senior high school student killed on 16 August 2017 during a police anti-drug operation in Caloocan.

Similarly, Incident 46 refers to the killings of two alleged drug users in Bulacan by PNP personnel and a non-police hitman. The victims were both shot and killed, but the other was suffocated prior to death.

The victim in Incident 55 was also shot and killed in Quezon City.

On one hand, the testimony of P-1382, a male, will revolve around his supposed experience with the PNP, including the operational demands on police at the height of the war on drugs.

His testimony intends to help establish the alleged policy to “neutralize” criminals through violent crimes, such as murder, as well as the systematic nature of the killings under said policy.

“P-1382’s prior recorded testimony goes to proof that during the ‘War on Drugs’, the PNP [REDACTED] was required to conduct multiple [REDACTED] each day as a result of the surge in killings,” the prosecution said.

The prosecution told the chamber that admitting the prior recorded testimonies of the two unnamed witnesses will expedite the proceedings by reducing the length of the direct examination, saving significant court time.

The witnesses reportedly gave their testimonies voluntarily. P-0025's testimony consists of one written statement based on a four-day interview by the prosecution, while P-1382's consists of a transcribed statement based on a one-day interview.

Prosecutors maintained that the recorded testimonies are “relevant, reliable, and probative.”

The prosecution said it notified the defense of these witnesses on 31 August and gave it adequate time to prepare for cross-examination.

ICC rules allow the admission of prior recorded witness testimony even when the witness is not present in court, provided their rights are protected and certain conditions are met. The parties, including the defense, must have the opportunity to examine the witness during proceedings.

However, admission is not automatic and is subject to the court's approval.