COULD self-confessed former Davao Death Squad (DDS) members Edgar Matobato and Arturo Lascañas, and retired police officer Cezar Mancao be among three witnesses whose recorded testimonies the prosecution wants admitted in the crimes against humanity case against former president Rodrigo Duterte before the International Criminal Court (ICC)?
The question arose after the ICC prosecution sought permission to introduce the previously recorded testimonies of three witnesses identified only as P-0019, P-1032 and P-1409, whose accounts cover alleged DDS operations, extrajudicial killings in Davao City and Duterte's alleged involvement in the killings.
In a public redacted application dated Nov. 3, the prosecution withheld the identities of the three witnesses but detailed their accounts of the alleged death squad's operations, including its targeting of suspected criminals, the use of Laud Quarry as a burial site and alleged financial rewards for killings.
Matobato and Lascañas were previously identified as potential insider witnesses in the ICC proceedings.
ICC Assistant to Counsel Kristina Conti had said the two could provide evidence on the planning and implementation of alleged DDS operations, the people involved, and how killings were ordered, financed and carried out.
However, the prosecution's latest filing does not identify P-0019, P-1032 or P-1409 by name.
The prosecution described P-0019's testimony as covering extrajudicial killings in Davao City during Duterte's tenure as mayor, the pattern and widespread nature of the killings, and the atmosphere of fear and impunity in the city.
The witness also recounted Duterte's alleged practice of reading the names of suspected criminals on his local television program, "Gikan sa Masa, Para sa Masa," some of whom were subsequently killed, according to the prosecution.
P-1032, meanwhile, provided an account of the existence and composition of the DDS, its targeting of suspected criminals and its alleged use of Laud Quarry as a burial site.
The witness also recounted being threatened with death and fleeing to another part of the Philippines after being warned that a group had been ordered to kill him.
The third witness, P-1409, provided evidence concerning the DDS' alleged involvement in extrajudicial killings from 2016 to 2017.
His recorded testimony also discussed alleged financial rewards for killings given by Duterte to DDS handlers through co-perpetrator Sonny Buenaventura.
Buenaventura is a retired police officer who served as Duterte's driver and security aide when he was Davao City mayor.
He has also been identified by Lascañas as the alleged logistics and finance officer of DDS who facilitated payments for killings.
The prosecution said P-1409's account included independent observations that corroborated other evidence concerning killings allegedly carried out pursuant to Duterte's orders.
The three testimonies, the prosecution argued, are relevant to establishing the contextual elements of crimes against humanity in Davao City and Duterte's individual criminal responsibility.
The prosecution asked Trial Chamber III to admit the witnesses' previous statements, interview transcripts and supporting materials under Rule 68(3) of the ICC Rules of Procedure and Evidence.
It also sought permission to conduct one-hour supplementary examinations of each witness, instead of the estimated three hours needed for their direct examinations if the recorded testimonies were not admitted.
Granting the request would save at least six hours of court time, the prosecution said.
It maintained that admitting the recorded testimonies would not prejudice Duterte's rights because the witnesses would appear in court, confirm their statements and remain available for cross-examination by the defense, as well as questioning by the prosecution, the judges and the legal representatives of victims.
The chamber has yet to rule on the prosecution's request.
