Metro Manila, Philippines – International Criminal Court prosecutors say a witness labeled P-1100 has evidence on the alleged Davao Death Squad’s modus operandi and a purported policy to “neutralize” suspected criminals through violent crimes, including murder, in the case against former President Rodrigo Duterte.
In a public redacted filing dated Sept. 7, the ICC Office of the Prosecutor asked Trial Chamber III to admit P-1100’s prior recorded testimony and associated materials into evidence.
The identity of the witness and significant portions of the testimony remain confidential or redacted.
Prosecutors said the testimony is particularly relevant to an alleged policy to “‘neutralize’ through violent crimes, including murder, alleged criminals in the Philippines.”
“It also provides evidence of the Davao Death Squad’s (‘DDS’) modus operandi, as well as the Accused’s individual criminal responsibility, including in relation to his knowledge and intent,” the prosecution said.
The filing provides few public details about P-1100. A section describing the witness’s background and specific information the witness is expected to authenticate is heavily redacted.
“P-1100’s Prior Recorded Testimony goes to proof of a policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines,” the prosecution said.
“It also provides evidence of the DDS’s modus operandi, as well as the Accused’s individual criminal responsibility, including in relation to his knowledge and intent.”
Prosecutors said P-1100’s testimony is internally consistent and supported by documents on certain aspects.
They also said portions of the evidence would corroborate testimony expected from other witnesses identified only by their ICC labels, including P-0001, P-0026, P-1022, P-1390 and P-1036.
For P-1100, prosecutors are seeking to use Rule 68(3) of the ICC Rules of Procedure and Evidence, which allows prior recorded testimony to be introduced when the witness is present before the Chamber and the parties and judges have an opportunity to examine the witness.
P-1100 would therefore still appear before the court and be available for cross-examination by Duterte’s defense even if the judges allow the previous statement into evidence.
Prosecutors estimate that directly examining P-1100 in court without the prior testimony would take about seven hours. If the application is granted, prosecutors plan to conduct a focused supplementary examination lasting about two hours, cutting five hours from the witness’ direct examination.
The Trial Chamber has yet to rule on the prosecution’s request to introduce P-1100’s prior recorded testimony.
Duterte’s trial is scheduled to begin on Nov. 30.
