ICC prosecution seeks admission of testimonies on Bato, drug war target lists

PRAGUE, Czech Republic – International Criminal Court (ICC) prosecutors are asking Trial Chamber III to admit yet another batch of recorded testimonies—this time, of two witnesses who allegedly provided evidence on Senator Ronald “Bato” dela Rosa’s role in the Duterte administration’s drug war.

In a public redacted filing dated October 26, Acting Prosecutor Mame Mandiaye Niang sought to admit the previously recorded statements of witnesses P-1334 and P-1348 in place of their live testimony, citing ICC Rules of Procedure and Evidence rule 68(2)(b).

Niang stated that the two witnesses also provided evidence on roles in the implementation of former President Rodrigo Duterte’s war on drugs and a shift in the conduct of certain actors after he became president, although several details remain redacted.

Their statements mention “target lists of drug personalities”, and alleged “killing quotas and financial rewards," the prosecution said.

P-1334 statement on Bato’s role in Duterte’s drug war

Witness P-1334—who is referred to in the filing using female pronouns—described the establishment, structure, reporting lines, and key personnel of a redacted entity, as well as Dela Rosa’s alleged role during Duterte’s anti-drug campaign.

Dela Rosa was chief of the Philippine National Police (PNP) from July 2016 to April 2018.

The prosecution said P-1334 addressed Dela Rosa’s “proximity [REDACTED] leadership," to which she described him as being “in charge of disseminating his instructions to terminate people during Mr. Duterte’s anti-drug campaign.”

The public filing does not identify whose instructions were being referred to.

P-1334 also allegedly provided evidence on efforts to identify and prioritize individuals for inclusion in target lists of suspected drug personalities and on killings linked to the alleged policy.

“The evidence of P-1334 also relates to Incidents 13 and 53,” Niang stated.

In the trial brief, the prosecution referred to Incident 13 as the shootout that killed Rolando Espinosa Sr., the former mayor of Albuera, Leyte, and Raul Yap, both of whom were suspected of being involved in the illicit drug trade.

Incident 53 detailed the killing of an alleged drug pusher and another victim, who were shot by PNP Anti-Illegal Drugs Group (AIDG) operatives. The trial brief noted that the police report on this incident “falsely stated” that the victims were killed in self-defense.

P-1348 statement on ‘target list’

Meanwhile, Witness P-1348—mentioned in the document using male pronouns—allegedly described anti-drug operations before July 2016, the killing of some individuals appearing on redacted lists, and an increase in killings after Duterte assumed the presidency.

The prosecution said P-1348’s testimony “provides evidence of [REDACTED] around July 2016 and of the climate of violence in the Philippines at the beginning of the presidential period" and is proof of a “policy to "neutralize" alleged criminals “through violent crimes."

“The associated material for P-1348, which the prosecution seeks to introduce into evidence, forms an integral part of his Prior Recorded Testimony. These items are also necessary to fully comprehend the witness’s account, as she uses and explains them in his statement,” the filing stated.

The filing also contains references in two witnesses’ statements to Duterte’s alleged association with the Davao Death Squad and drug cartels, the targeting of mayors who did not support him, the alleged use of public funds to make payments, and his public call for drug users to register in barangays.

Dispute over admissions of testimonies

In a separate filing reported on Tuesday, Duterte’s defense opposed the prosecution’s bid to admit the recorded testimonies of witnesses P-1393 and P-1416 without requiring them to testify live.

“The Defense supports the use of Rule 68(2)(b) to expedite the trial, particularly in light of Mr. Duterte’s age and frailty. However, procedural efficiency must not come at the expense of his fundamental right to defend himself effectively,” the defense said.

Meanwhile, the Common Legal Representatives of the Victims (CLRV), asked Trial Chamber III to grant the prosecution’s request to admit the statements of witnesses P-1370, P-1393, and P-1416 under Rule 68(2)(b).

The victims’ representatives, Atty. Gilbert Andres, Atty. Joel Butuyan, and Paolina Massidda, described the testimonies and related documents as “relevant, reliable, probative, and corroborative”, adding that their admission would not prejudice Duterte’s rights.

According to the CLRV, the testimonies do not primarily concern Duterte’s personal acts and conduct, but rather the broader context of the alleged crimes against humanity.

The filing said the witnesses’ evidence principally concerns alleged extrajudicial killings in Central Luzon and an alleged policy of killing people suspected of involvement in drug-related activities.

Their admission, the CLRV said, would “serve the interests of justice” by expediting the proceedings and conserving the court’s time and resources.

The filing also stressed the interests and well-being of victims and witnesses.

The CLRV said the three witnesses are connected to grave acts of violence and killings, although much of that portion of the public filing remains redacted.

They argued that admitting the recorded testimonies would be consistent with the ICC’s duty to protect the “safety, physical and psychological well-being, dignity and privacy of victims and witnesses.”

The defense did not oppose admitting P-1370’s statement.

On November 2, the chamber will convene for the final status conference with the prosecution, defense, and victims’ representatives.

Duterte’s trial on crimes against humanity charges stemming from the killings during his anti-drug campaign is scheduled to begin on November 30. — VBL, GMA News