ICC prosecution seeks admission of expert report, 3 witness testimonies

Prosecutors of the International Criminal Court (ICC) are asking judges to admit an expert report and the previously recorded testimonies of three witnesses into evidence in the crimes against humanity case against former President Rodrigo Duterte.

In two public redacted filings dated October 23, the Office of the Prosecutor asked Trial Chamber III to admit the materials under Rule 68(3) of the ICC’s Rules of Procedure and Evidence, while still allowing limited live questioning of the witnesses in court.

In the first document, the prosecution sought to introduce the expert report of witness P-1400 and 15 associated items for its fourth application under Rule 68(3)

The witness’s field of expertise, as well as much of the subject matter covered by the report, was redacted from the public filing.

Prosecutors said the report was relevant, reliable, and probative, and would help the Chamber determine the issues in the case.

They also asked for two hours to conduct a focused supplementary examination of P-1400, instead of an estimated five hours of direct examination.

“Granting the Request will enhance the expeditiousness of the proceedings by reducing the length of the witness’s direct examination from five hours to two hours, saving approximately three hours of court time,” the filing stated.

The prosecution said P-1400 would first adopt the expert report before being asked supplementary questions on matters requiring clarification or elaboration.

It said this would avoid having the witness repeat every issue already addressed in the written report while preserving the opportunity for the defense, victims’ lawyers and the judges to question the witness.

The prosecution also argued that admitting the report would not prejudice Duterte’s rights because his lawyers had agreed in principle to the introduction of expert reports under Rule 68(3) and would still be able to question P-1400.

Three witnesses on alleged murders

In a separate fifth Rule 68(3) application filing, prosecutors asked the Chamber to admit the prior recorded testimonies of witnesses P-1155, P-1156 and P-1157, together with associated materials. The three would still appear in court and remain available for questioning and cross-examination.

The prosecution said their evidence relates to alleged murders charged under Count 3, although the particular incident and several details remain redacted.

Prosecutors said P-1155 and P-1156 provide direct evidence on the killings and on Duterte’s alleged knowledge and intent, while the three witnesses also give evidence concerning the alleged policy to “neutralize” suspected criminals through violent crimes.

Prosecutors said P-1155’s statement covers, among other matters, alleged orders “from above,” police instructions and a reward linked to the incident.

P-1156’s account concerns alleged orders, planning, preparations and payment, while P-1157 provides evidence on a killing and a planned police operation against the targets.

Much of the surrounding detail in the three witnesses’ testimonies remains redacted.

The prosecution said the three testimonies are “internally consistent” and mutually corroborative, and argued that admitting them would not prejudice Duterte because his lawyers would still be able to cross-examine the witnesses in court.

The filings come ahead of the final status conference scheduled for November 2, where the Chamber is expected to address remaining trial-preparation concerns before proceedings open for Duterte’s case on November 30.

The ICC has said the Chamber will resolve pending matters and adopt procedures needed for the fair and expeditious conduct of the trial before it begins.

Trial Chamber III, composed of Presiding Judge Joanna Korner and Judges Keebong Paek and Nicolas Guillou, has yet to rule on the two prosecution requests. — VBL, GMA News