Prosecution to ICC: Admit witness’ testimony on Duterte ‘DDS’ model
The prosecution in the International Criminal Court (ICC) has asked a trial chamber to admit as evidence the previously recorded testimony of a witness who has proof of the “Davao Death Squad” (DDS) model allegedly masterminded by former President Rodrigo Duterte.
In a redacted version of the Aug. 31 request sent to the Trial Chamber III, the prosecution sought the submission of the testimony of the witness referred to as “P-1100,” calling it “relevant, reliable and probative” to Duterte’s antinarcotics policy that ordered the killing of suspected criminals, including drug users and traders.
Duterte, who is being held at the Scheveningen prison complex in The Hague, the Netherlands, is charged with three counts of murder in his crimes against humanity case for being criminally responsible for the drug war killings that happened while he was Davao City mayor and later on, as President.
“It primarily relates to [redacted]. As such, his evidence is particularly relevant to the policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines. It also provides evidence of the (DDS) modus operandi, as well as the accused’s (Duterte’s) individual criminal responsibility, including in relation to his knowledge and intent,” read part of the eight-page filing.
The prosecution said that allowing the testimony to be introduced as evidence would also give the defense and legal representatives of victims opportunities to cross-examine P-1100 during the trial, which begins on Nov. 30.
They cited Rule 68(3) in the ICC Rules of Procedure and Evidence, which allows the chamber to introduce previously recorded testimony during trial without any objection and as long as all parties to the case are given time to examine the witness during the proceedings.
Admitting the documented testimony as evidence would also significantly cut the duration of direct examination, expedite court proceedings and save court time by at least five hours, the prosecution said.
The testimony of P-1100, who is referred to as a “he” in the documents, is considered “corroborative and cumulative” of the evidence provided by at least four witnesses expected to testify in court. They were identified only as “P-0001,” “P-0026,” “P1022” and “P-1390.”
“P-1100’s prior recorded testimony is internally consistent and accompanied by supporting documents in relation to certain aspects. It is also cumulative in nature and corroborative of other evidence,” the prosecution said.
