Ex-DDS cop's testimony sought by ICC prosecutors vs. Rodrigo Duterte

Make this your preferred source to get more updates from this publisher on Google.

THE HAGUE, Netherlands — International Criminal Court (ICC) prosecutors ask judges to admit preserved testimony from an alleged former member of the Davao Death Squad (DDS), whose evidence they say bears directly on former President Rodrigo Duterte’s alleged criminal responsibility.

In a redacted filing made public dated November 5, Acting Prosecutor Mame Mandiaye Niang asked Trial Chamber III to admit 45 transcribed statements and 61 items of associated materials from witness P-0002, identified as a former Davao City police officer.

Those supporting items include P-0002’s handwritten notes, affidavits, photographs, four organizational charts of the DDS structure, police service records, and other personal and official documents.

Unlike recent applications made by the Office of the Prosecutor under Rule 68, this request seeks admission of P-0002’s evidence under Article 69(4) of the Rome Statute.

That article states that the court “may rule on the relevance or admissibility of any evidence” considering its probative value as well as “any prejudice that it may cause to a fair trial or to a fair evaluation of the testimony of a witness.”

DDS structure, alleged policy

Prosecutors described P-0002’s evidence as being “of particular importance” to Duterte’s case, as the witness was a member of the Davao Death Squad. However, the period of his alleged membership is redacted.

His testimony covers Duterte’s alleged individual criminal responsibility and intent, the contextual elements of crimes against humanity during Duterte’s mayoral period, and charged Incident 1.

In the Prosecution’s Trial Brief, Incident 1 refers to the killing of three unidentified alleged drug pushers by DDS members in or around 2013 in San Rafael, Davao City. In this incident, then Davao City Mayor Duterte “instructed police DDS members that there was a job to be done against three alleged drug pushers”.

Prosecutors said P-0002 provided evidence on the origins, structure, and purpose of the DDS, as well as the scope of what the prosecution calls the “Common Plan” in Davao City and the roles of alleged co-perpetrators.

His testimony also concerns the alleged widespread nature of the killings, the targeting of suspected criminals, and the DDS’s alleged modus operandi during the charged period.

According to prosecutors, P-0002’s evidence supports the alleged existence of a policy to “neutralise” suspected criminals in Davao City through measures that included financial incentives, the use of state and civilian forces, and the dissemination of the policy by Duterte to alleged perpetrators.

“Unique opportunity”

Prosecutors interviewed P-0002 from May 10 to 16, 2022, after Pre-Trial Chamber I authorized the interview amid concerns that his evidence might later become unavailable.

The Chamber found a “unique opportunity” to interview P-0002 and a significant risk that his evidence “may not be subsequently available.”

A defense counsel appointed to protect the interests of any future accused was present during the interview, along with counsel for P-0002.

The filing says prosecutors were informed of a development concerning P-0002 in June 2024, but the details are redacted. It later states that “P-0002 is no longer available,” but does not expound or clarify.

Prosecutors argued that the preserved testimony should be admitted under Article 69 because it was obtained through a judicially authorized evidence-preservation procedure.

They said it could alternatively be admitted under Rule 68(2)(c) of the ICC Rules of Procedure – or about prior recorded testimony from “a person who has subsequently died, must be presumed dead, or is, due to obstacles that cannot be overcome with reasonable diligence, unavailable to testify orally.”

Trial Chamber III has yet to rule on the request.

Duterte is facing three counts of crimes against humanity involving murder and attempted murder allegedly committed during his terms as Davao City mayor and Philippine president.

His trial is scheduled to begin on November 30. — BAP, GMA News