The International Criminal Court Trial Chamber has granted the request to introduce into evidence the written statement of a witness in former President Rodrigo Duterte’s crimes against humanity case, which the prosecution said was relevant to the alleged policy to “neutralize” suspected criminals.
The prosecution said the testimony of the witness, identified only as P-1100, also offers evidence of the Davao Death Squad’s modus operandi and of Duterte’s alleged knowledge and intent.
The defense had objected to admitting the witness’ prior recorded testimony, saying the evidence predates the period covered by the charges. It also objected to the introduction of associated material.
In its decision, the Trial Chamber said it was satisfied that P-1100’s evidence and reports “appear relevant to the background and context in this case.”
It also said this would not prejudice Duterte’s rights because the written testimony would not replace oral testimony and would instead complement it.
“The Defence will have full opportunity to question P-1100 on any issues relating to his testimony,” it added.
It also said admitting the prior recorded testimony would help expedite the proceedings because it would reduce the time needed by the prosecution in questioning him.
It also said this is a preliminary ruling subject to P-1100’s appearance before the Chamber and his consent to the introduction of his written statement.
As for the prosecution’s request to admit associated material, the Trial Chamber allowed some, but rejected others it found unnecessary.
It also reminded the prosecution to carry out “thoughtful assessments of evidence” to avoid asking for the admission of evidence that is repetitive or of little relevance.
“The Chamber signals its approach to the parties with a view to ensuring that this trial unfolds in a focused and expeditious manner and that the rights of the accused are safeguarded,” it added.
Duterte’s trial is expected to begin on November 30. His crimes against humanity case stems from drug war killings in the Philippines.