ICC prosecutors ask to admit expert report, three recorded testimonies in Duterte case

Prosecutors at the International Criminal Court (ICC) have asked judges to accept an expert report and the previously recorded testimonies of three witnesses as evidence in the crimes against humanity case against former President Rodrigo Duterte, according to Edge Davao.

The requests came in two separate applications to Trial Chamber III, both released in redacted form on October 23. The fourth application, dated October 21, covers an expert report from a witness designated P-1400, along with 15 related items. Prosecutors also asked to question the expert in a two-hour supplementary examination, saying this would cut the planned direct examination from five hours to two and save roughly three hours of court time.

The fifth application, dated October 22, seeks to introduce earlier recorded testimonies from witnesses P-1155, P-1156 and P-1157, together with related documents. According to the prosecution, these accounts deal with alleged murders in incidents included in the charges, the alleged reasons victims were targeted, instructions said to be linked to the killings, and payments connected to some incidents. Prosecutors said the testimonies also back their allegations on Duterte's individual criminal responsibility and the wider context of the alleged crimes.

The prosecution called the material in both filings "relevant, reliable and probative." It said the three testimonies were internally consistent, partly supported by documents, and corroborated by other evidence it expects to present at trial.

Prosecutors argued that admitting the evidence under Rule 68(3) of the ICC Rules of Procedure and Evidence would speed up proceedings without harming Duterte's rights, since the witnesses would still appear in court to be cross-examined by the defense and questioned by the judges, the parties and the common legal representatives of victims. If the requests are granted, the prosecution also wants to hold limited supplementary examinations to clarify specific points.

Duterte, who was president from 2016 to 2022 and earlier served as mayor of Davao City, is the first former Asian head of state to face trial at the ICC. He faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders linked to his anti-drug campaign between 2013 and 2018. The judges have yet to rule on the applications.