ICC prosecutors cite 'fabricated' PNP drug war accounts in testimony bid

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

PRAGUE, Czech Republic – International Criminal Court (ICC) prosecutors ask Trial Chamber III to admit another set of prior recorded testimonies of witnesses against former President Rodrigo Duterte – this time, those who provide proof of the alleged pattern of crimes during his administration’s drug war.

In their sixth request, released publicly on November 2, Acting Prosecutor Mame Mandiaye Niang noted that the prior recorded testimonies of witnesses P-1136, P-1345, P-1391, and P-1404, if admitted in court, would cut direct examination time from 16 hours to four hours.

As with previous applications, the prosecution seeks to apply ICC Rules of Procedure and Evidence Rule 68(3) for this batch of witnesses.

If Trial Chamber III approves, this witness batch would have their prior recorded statements admitted in court, alongside their court appearance for “focused supplementary questioning”. They would also remain available for cross-examination by Duterte’s defense.

Prior recorded testimonies of four witnesses

The prosecution stated that P-1136, P-1345, P-1391, and P-1404 provide evidence on violence in the Philippines before and during Duterte’s presidency, including the targeting of alleged drug personalities, the use of watchlists, and alleged efforts to conceal or justify killings.

The prosecution also said the four accounts establish a policy to “neutralise” alleged criminals through violent crimes, including murder, as well as the alleged widespread and systematic character of crimes committed during the drug war.

P-1136’s statement indicates that Duterte allegedly targeted public officials considered “high-value targets” over suspected involvement in illegal drugs, with some allegedly appearing on the so-called “PRRD List”. Prosecutors said the testimony goes to their allegation that Duterte had a policy to “neutralise” local officials allegedly linked to the illegal drug trade.

For P-1345, the prosecutors said the statement is evidence of a “new pattern of killings during ‘One Time Big Time’ operations” in Manila after Duterte became president. The witness discussed nine case files involving PNP killings of alleged drug personalities and identified an alleged pattern that included planting shabu and guns near victims’ bodies. The witness also said journalists, human rights groups, labor leaders and judges who opposed the Duterte administration were “red-tagged” as drug personalities or communists.

P-1391’s evidence, the prosecutors stated, is on the use of drug watchlists, patterns of “fabricated Philippine National Police (PNP) accounts of killings,” the alleged use of paid assets by police to carry out killings, and rewards allegedly received by PNP officers as incentives. The witness also provides evidence relating to Incidents 21 and 30 in the prosecution’s case.

The prosecution also said P-1404’s testimony is evidence of barangay clearance operations and different types of drug watchlists, including PDEA, barangay, PNP, and presidential lists. Prosecutors said the witness described how barangay captains were allegedly ordered through the Department of Interior and Local Government (DILG) to submit updated watchlists every month. P-1404 also provides evidence on the aftermath of the killing of Kian delos Santos, identified as Incident 30, and on reports in which killings were presented as “accomplishments.”

Pending decision

If the Chamber grants the application, prosecutors are asking for around one hour of supplementary examination for each witness instead of an estimated four hours of direct examination per witness.

This would save “at least 12 hours of court time,” the prosecutors argued, adding that such testimonies would not prejudice Duterte because the defense would still have “ample opportunity to cross-examine” all four witnesses.

P-1136, P-1345, P-1391, and P-1404 would also be asked at the start of their testimony whether they consent to having their earlier statements introduced into the trial record.

The filing comes a day after Trial Chamber III held a status conference as the ICC enters the final weeks of preparations for Duterte’s trial.

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 open on November 30 before Trial Chamber III, composed of Presiding Judge Joanna Korner and Judges Keebong Paek and Nicolas Guillou. —LDF, GMA News