Duterte ICC trial: Prosecutors seek to admit three witness accounts

ICC proceedings tied to former president Rodrigo Duterte's so-called drug war scrutinize command responsibility, police operations and the families' long-running calls for justice.

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MANILA, Philippines — International Criminal Court prosecutors have asked judges to admit the recorded statements of three witnesses who they say can describe the policy to "neutralize" alleged drug suspects under former president Rodrigo Duterte.

One witness speaks about 13 of the killings charged against Duterte, including one during a police "One Time Big Time" operation, according to the redacted version of the court filing dated October 21 and signed by Acting Prosecutor Mame Mandiaye Niang. 

The three witnesses, all women, were already on the prosecution's witness list. The defense has known since August 31 that prosecutors planned to present them under this procedure.

Prosecutors are asking the court to allow transcripts of their earlier interviews with investigators to be admitted as evidence in place of most of their direct examination, saying this would save court time. 

Under Rule 68(3) of the court's rules, each witness must still appear in court, confirm her statement is accurate and consent to its use. Duterte's lawyers can cross-examine them, and the judges and lawyers for victims can still question them.

All three accounts relate to Count 3, which covers killings in barangay "clearance" operations against alleged small-time drug users and pushers from about July 2016 to September 2018. 

When the ICC Pre-Trial Chamber I confirmed the charges against Duterte on April 23, Count 3 covered 45 victims, 43 of whom were killed. Count 1 covers 19 killings in Davao City from 2013 to 2016, when Duterte was mayor, and Count 2 covers 14 killings of alleged "high-value targets" in 2016 and 2017.

Pattern of killings

The identities of the three witnesses were withheld in the public document.

The statement of one witness, who is labelled in the filing as "P-0008," comes from two interviews with prosecution investigators.

In several of the 13 killings she discusses, she allegedly described events before the victims died. Names, dates and places are redacted in the public filing.

The filing does not say where or when the "One Time Big Time" operation took place. Police in the Philippines are known to have used the term for simultaneous, large-scale anti-drug sweeps, where deadly shootouts also occur.

Prosecutors said P-0008's evidence shows the "modus operandi and pattern of violence" police used against alleged criminals.  

Another witness, labelled "P-1164," spoke about three charged killings by police.  

Meanwhile, "P-1303" gives evidence about an individual who was shot dead by police, but her relationship to him is redacted in the filing. Prosecutors said her account relates to one charged killing.

Prosecutors said the three accounts are internally consistent and match evidence expected from other witnesses, including "P-0003," who is due to testify in person. 

They said the evidence also helps prove that the killings were part of a widespread or systematic attack on civilians, a requirement for crimes against humanity. 

The prosecutors said the three witnesses will show there was a policy to "neutralise" alleged criminals through violence, including murder.

All three women were told their interviews were voluntary and were informed of their rights, and each confirmed she answered of her own free will, the filing said.