ICC prosecutors seek anonymity, face, voice distortion for 55 witnesses vs Digong

International Criminal Court prosecutors have asked Trial Chamber III to adopt safety measures for their 55 witnesses against former president Rodrigo Duterte, such as identity protection and face and voice distortion, to ensure they testify truthfully without fear of threats and retaliation.

The request came just a little over three weeks before Duterte stands trial for crimes against humanity tied to his deadly war on drugs at the end of the month.

Acting Prosecutor Mame Mandiaye Niang told the chamber that in-court protective and special measures are necessary to ensure witnesses’ safety and privacy, especially since some may implicate Senator Bato dela Rosa, who remains at large.

“[A]s former head of the PNP (Philippine National Police) and a current senator, [Dela Rosa] maintains sufficient influence and support in the Philippines to evade arrest,”

Niang said in a heavily redacted filing on 30 October but released only Thursday, 5 November.

He argued that this could particularly harm the “insider witnesses,” who have first-hand knowledge of the alleged extra-judicial killings during Duterte’s presidential and mayoral period in Davao City.

The ICC named Dela Rosa as Duterte’s co-perpetrator, being the then PNP chief who spearheaded the deadly anti-drug operations that saw 30,000 killed during the latter’s presidency alone, based on a rights group’s data.

In a Senate hearing in October 2024, Duterte also tagged Dela Rosa as a former member of the Davao Death Squad, a group purportedly organized to kill criminals in the city and headed by the former president himself, as alleged by ICC prosecutors.

Despite an ultimatum and a hefty P50-million bounty on his head, Dela Rosa remained steadfast in refusing to heed the authorities’ call to surrender.

The insiders are expected to corroborate the prosecution’s claims about Duterte’s alleged policy to “neutralise” criminals in the Philippines through violent crimes, including murder

The request is that protective measures be applied to insiders with a direct connection to Duterte, crime-based witnesses, those who have personally suffered harm from the crimes, and other witnesses in the Philippines.

The request also covers witnesses currently residing abroad and those admitted to the ICC protection program, as well as the staff of prosecutors.

“The aforementioned in-court protective measures are required for insider witnesses to ensure that they can give evidence freely without fear for their personal safety and without compromising their security. The protective measures sought will also enable these witnesses to provide full accounts of the events,” the submission reads.

In addition to pseudonyms, the prosecution also requests closed-door or private sessions to protect specific portions of a witness’s testimony and, if warranted, the entire testimony, as in the case of some of its listed witnesses.

“The measures requested are needed to ensure that the witnesses are able to provide unfettered evidence, and in so doing, assist the court in establishing the truth,” the submission reads.

The 55 unnamed witnesses are part of the 78 witnesses the prosecution has against the 81-year-old ex-leader. Of the total, 69 will testify viva voce, or orally, through previously recorded testimony.

Niang said the witnesses, particularly those in the Philippines, have expressed concerns about providing evidence at trial and will cooperate only if their identities are kept confidential.

The prosecution assured that these protective measures will not prejudice Duterte because the defense will have the same opportunity to question the witnesses as if their identities were publicly known and to independently challenge their evidence.

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.