ICC Prosecution Requests Admission of 3 Witness Testimonies in Duterte Crimes Case

The International Criminal Court’s prosecution has asked Trial Chamber III to admit the previously recorded testimonies of three witnesses identified only as P-0019, P-1032 and P-1409 in the crimes against humanity case against former President Rodrigo Duterte, raising the question of whether the witnesses include self-confessed former Davao Death Squad members Edgar Matobato and Arturo Lascañas and retired police officer Cezar Mancao, The Manila Times reported.

The issue emerged when the prosecution requested approval to present the prior recorded testimonies, which address alleged DDS activities, extrajudicial killings in Davao City and Duterte’s purported role in the killings. In a publicly available redacted filing dated Nov. 3, the prosecution concealed the names of the three witnesses while elaborating on their descriptions of the purported death squad’s activities, encompassing its focus on suspected criminals, the utilization of Laud Quarry as a burial ground and purported monetary rewards for killings. Should the three turn out to be Matobato, Lascañas and Mancao, their recorded statements would give the court insider viewpoints regarding the organization and execution of purported DDS operations, the individuals involved, and the manner in which killings were directed, funded and executed while Duterte held office.

Three Accounts Spanning Davao’s Dark Years

According to the prosecution, P-0019’s testimony addresses extrajudicial killings in Davao City while Duterte served as mayor, the systematic and extensive character of the killings, and the climate of fear and lack of accountability in the city. The witness additionally described Duterte’s purported habit of announcing the names of suspected criminals on his local television show, “Gikan sa Masa, Para sa Masa,” several of whom were later killed, the prosecution stated.

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P-1032, for his part, gave a description of the DDS’s existence and makeup, its focus on suspected criminals and its purported employment of Laud Quarry as a burial location. The witness further narrated receiving death threats and relocating to a different region of the Philippines after being informed that a group had been instructed to murder him.

The third witness, P-1409, provided evidence concerning the DDS’s alleged involvement in extrajudicial killings from 2016 to 2017. His recorded testimony additionally covered purported monetary rewards for killings that Duterte allegedly provided to DDS handlers via co-perpetrator Sonny Buenaventura. Buenaventura, a retired police officer who acted as Duterte’s driver and security aide during his time as Davao City mayor, has also been named by Lascañas as the purported logistics and finance officer of the DDS responsible for arranging payments for killings. According to the prosecution, P-1409’s account contained independent observations that supported other evidence regarding killings purportedly conducted in accordance with Duterte’s commands.

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The Unnamed Witnesses and the Names Behind Them

Matobato and Lascañas were previously identified as potential insider witnesses in the ICC proceedings. ICC Assistant to Counsel Kristina Conti previously stated that the two could furnish evidence regarding the planning and execution of purported DDS operations, the individuals involved, and the methods by which killings were directed, funded and perpetrated. Nevertheless, the prosecution’s most recent submission fails to name P-0019, P-1032 or P-1409, leaving unresolved the possibility that Mancao is one of the three.

The prosecution contended that the three testimonies are pertinent to proving the contextual elements of crimes against humanity in Davao City and Duterte’s personal criminal liability. The prosecution petitioned Trial Chamber III to accept the witnesses’ prior statements, interview transcripts and supporting documents pursuant to Rule 68(3) of the ICC Rules of Procedure and Evidence. It additionally requested authorization to conduct one-hour supplementary examinations of each witness, rather than the estimated three hours required for their direct examinations should the recorded testimonies not be admitted. Granting the request would save at least six hours of court time, the prosecution said.

The prosecution asserted that admitting the recorded testimonies would not infringe upon Duterte’s rights since the witnesses would attend court, verify their statements and remain accessible for cross-examination by the defense, along with inquiries from the prosecution, the judges and the victims’ legal representatives.

Trial Chamber III has yet to rule on the prosecution’s request.

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