MANILA, Philippines — The prosecution at the International Criminal Court (ICC) has asked judges to admit the previously recorded testimonies of five more witnesses in former president Rodrigo Duterte's crimes against humanity case, citing their accounts of alleged killings and a purported policy of neutralizing suspected criminals.
In a public redacted application released on Oct. 16, 2026, the prosecution asked Trial Chamber III to admit the interview transcripts and supporting materials of witnesses identified as P-1087, P-1151, P-1158, P-1161 and P-1204 under Rule 68(3) of the ICC's Rules of Procedure and Evidence.
The request is the latest in a series of prosecution efforts to introduce previously recorded witness accounts, following an earlier application involving three witnesses and a court ruling allowing the recorded testimony of another witness to be admitted.
On Oct. 2, the chamber granted the prosecution's request to introduce the written statement of witness P-1100 under Rule 68(3). The ruling marked the first decision on the prosecution's use of the procedure in Duterte's case.
The prosecution had filed its application concerning P-1100 on Sept. 7, seeking to shorten the witness's direct examination from seven hours to two hours while preserving the defense's opportunity to cross-examine him.
Separately, the prosecution on Oct. 7 sought to introduce the previously recorded testimonies of three other witnesses — P-1370, P-1393 and P-1416 — under Rule 68(2)(b).
The latest application, dated Oct. 12, concerns five additional witnesses and seeks permission for limited supplementary questioning of each in court.
The prosecution said its accounts were relevant to establishing an alleged policy to “neutralize” suspected criminals through violent crimes, including murder, in the Philippines. Their testimonies could also help establish Duterte's individual criminal responsibility, including his alleged knowledge and intent, it said.
In the public filing, witness P-1087 reportedly described how killings were normalized during Duterte's presidency. The witness said Duterte's speeches contributed to a culture in which killing was normalized and that a list of suspected criminals associated with the former president gave police officers a feeling of impunity.
Witness P-1151's recorded testimony covered alleged killings by police, Operation Double Barrel, the so-called PRRD list and an alleged system of rewards, including monetary incentives, for police officers involved in killings.
The witness also reportedly discussed Duterte's appointments of personnel to positions considered crucial to the alleged crimes, as well as public statements encouraging the killing of suspected criminals.
Details of the testimonies of P-1158 and P-1161 were extensively redacted in the public version. The prosecution said their accounts were relevant to establishing the alleged policy and Duterte's individual criminal responsibility.
Witness P-1204 reportedly described changes within the Philippine National Police after Duterte assumed the presidency and provided accounts of other killings, some of which the prosecution acknowledged were hearsay.
The prosecution maintained that the five witnesses' recorded testimonies were internally consistent and corroborated or supplemented evidence expected from other witnesses who would testify in court.
It argued that admitting the transcripts would expedite the proceedings by reducing the time required for direct examination. The estimated hours to be saved were redacted in the public filing.
The prosecution said the proposed procedure would not prejudice Duterte's rights because the witnesses would remain available for cross-examination by the defense and questioning by the judges, prosecutors and victims' legal representatives.
The witnesses would be asked whether they consented to the admission of their recorded accounts. The parties and the chamber would also have the opportunity to examine them and observe their demeanor during testimony.
The prosecution said the interviews were conducted during its investigation under the Rome Statute and the ICC's rules. The witnesses were informed that their interviews were voluntary and of their rights, and they confirmed that they understood the procedure and agreed to proceed.
