ICC protection sought for 55 witnesses as some may implicate ‘Bato’

MANILA, Philippines — The International Criminal Court (ICC) prosecution on Thursday requested before the court protective and special measures for 55 of its witnesses who will testify in the crimes against humanity cases against former President Rodrigo Duterte.

This was contained in a motion of Acting Prosecutor Mame Mandiaye Niang made public on Thursday, Nov. 5.

“There is an objectively justifiable risk to witnesses,” Niang said. “The vast majority of Prosecution witnesses reside in the Philippines.”

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READ: ICC urged to use 2 witnesses to challenge PNP drug war claims

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Niang also said such protection is also necessary since some of the witnesses may implicate Sen. Ronald “Bato” Dela Rosa.

READ: ICC informed of rap filed vs Padilla, Cayetano over Dela Rosa ‘escape’

“As former head of the PNP and a current Senator, [Dela Rosa] maintains sufficient influence and support in the Philippines to evade arrest based on an ICC warrant — which has now been public for five months, yet he remains at large,” Niang said.

“Insider witnesses may further be at risk and the focus of renewed attention because of the unsealing of Dela Rosa’s arrest warrant,” he further said.

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According to Niang, court protective measures and special measures are required to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses.

Niang said the prosecution is seeking to have measures intended to protect a witness’s identity from the public, like the usage a pseudonym, face, and voice distortion; closed or private sessions intended “to protect particular portions of a witness’s testimony from public disclosure” and measures intended to support a witness psychologically during their testimony.

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The 55 witnesses are among the 78 testifying for the prosecution in Duterte’s case starting Nov. 30.

READ: Jonvic Remulla: Arresting Sen. dela Rosa could lead to 10,000 deaths

At least 6,000 people were killed during the war on drugs under Duterte’s administration, according to official government data, but human rights watchdogs and the ICC prosecutors estimate the death toll to be between 12,000 and 30,000 from 2016 to 2019.

Dela Rosa was the PNP chief from 2016 to 2018, when he enforced the Duterte administration’s deadly anti-drug campaign before becoming a senator.

Arresting Dela Rosa could lead to “10,000 deaths,” prompting the government to negotiate for his surrender, according to Interior Secretary Jonvic Remulla.

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A P50 million reward awaits anyone who can provide information on Dela Rosa’s whereabouts. /cb