ICC prosecutors seek to present 5 witnesses' prior testimonies in Duterte case
MANILA, Philippines — Prosecutors at the International Criminal Court (ICC) have asked judges to admit the recorded testimonies of five witnesses in the crimes against humanity of murder case against former president Rodrigo Duterte, saying their accounts could help establish an alleged policy of killing suspected criminals.
In a public filing dated October 16, the prosecution asked Trial Chamber III to admit the testimonies of witnesses identified as P-1087, P-1151, P-1158, P-1161 and P-1204.
The witnesses' accounts cover alleged killings during police operations, the implementation of Operation Double Barrel, the use of a list of suspected criminals during Duterte's presidency and public statements that prosecutors say contributed to a culture in which killings were normalized.
“The Prior Recorded Testimonies of P-1087, P-1151, P-1158, P-1161, and P-1204 are relevant, reliable, and probative,” the prosecution said.
“As [REDACTED], the Five Witnesses provide evidence on [REDACTED]. As such, their evidence is particularly relevant to the policy to 'neutralise' through violent crimes, including murder, alleged criminals in the Philippines and to [REDACTED] to implement this policy,” it added.
The filing, signed by Acting Prosecutor Mame Mandiaye Niang, seeks to introduce the transcripts of the witnesses' previous interviews and related materials under Rule 68(3) of the ICC's Rules of Procedure and Evidence.
Prosecutors also asked permission to conduct limited follow-up questioning of each witness in court, saying this would shorten their direct examinations and save court time. The estimated time savings were redacted from the public filing.
The application is the prosecution's second request under Rule 68(3) to introduce previously recorded witness testimony in the case.
Witnesses discuss alleged killings
According to the filing, witness P-1087 questioned the accuracy of Philippine National Police reports on killings during police operations and described how killings were allegedly normalized under Duterte.
The prosecution said the testimony included an account of how the President Rodrigo Roa Duterte list, or PRRD list, allegedly gave police officers a sense of impunity. The witness also described Duterte's speeches as contributing to a culture in which killings became normalized.
P-1151's testimony covers alleged killings by police, Operation Double Barrel and the PRRD list. The witness also discussed an alleged reward system, including monetary payments for police officers involved in killings, and Duterte's appointments of personnel to positions prosecutors considered crucial to the alleged crimes.
Prosecutors said these accounts could help establish the alleged policy behind the killings, Duterte's individual criminal responsibility and his alleged knowledge and intent.
The testimonies of P-1158 and P-1161 also concern the alleged policy and Duterte's responsibility. P-1161's account includes information about Duterte's alleged involvement in the PRRD list, although parts of both witnesses' testimonies remain redacted in the public filing.
Witness P-1204 described changes within the PNP after Duterte assumed the presidency and provided hearsay evidence about other killings that prosecutors said reflected a similar pattern.
The prosecution argued that the five accounts were consistent with one another and supported by other evidence it expects to present during the trial.
Defense can cross-examine witnesses
Prosecutors argued that admitting the recorded testimonies would not prejudice Duterte's right to a fair trial because his defense team would still have the opportunity to question the witnesses in court.
“The introduction of the Five Witnesses' Prior Recorded Testimonies into evidence would not be prejudicial to or inconsistent with the rights of the Accused, as the Defence will have ample opportunity to cross-examine them,” the filing said.
“The Defence have been notified of the Prosecution's intention to call these witnesses pursuant to rule 68(3) since 31 August 2026 and have adequate time to prepare for their cross-examination,” it added.
Under the proposed arrangement, each witness would be asked whether they consent to having their recorded statements introduced into the case record. The defense, prosecutors, victims' legal representatives and judges would also have the opportunity to question the witnesses and observe their demeanor during their court appearances.
The prosecution said the interviews were conducted during the ordinary course of its investigation under Article 55 of the Rome Statute and Rule 112 of the ICC's Rules of Procedure and Evidence. According to the filing, all five witnesses were informed that their interviews were voluntary, understood their rights and agreed to proceed.
Prosecutors asked the chamber to grant the application, subject to the other requirements under Rule 68(3).
The ICC has ruled that Duterte is fit to stand trial, clearing the way for proceedings to begin as scheduled on November 30.
The chamber also recently rejected the defense's request to limit the prosecution's evidence to 10,000 items, after the defense argued that the volume of materials disclosed ahead of trial would hamper its preparations.
Duterte faces three counts of crimes against humanity involving alleged murders and attempted murders committed in the Philippines between November 2011 and March 2019.
The case stems from the ICC’s investigation into alleged crimes against humanity linked to killings during Duterte’s anti-drug campaign.
Duterte was arrested in Manila in March 2025 and surrendered to the ICC on March 12, 2025. He remains detained at the ICC Detention Centre in Scheveningen, The Hague, Netherlands.
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