MANILA, Philippines — International Criminal Court (ICC) prosecutors have cited security risks in the Philippines, reported security incidents involving witnesses and the continuing influence of former president Rodrigo Duterte's allies in seeking protective measures for 55 witnesses expected to testify in his trial.
In a public redacted filing made Nov. 5, prosecutors told Trial Chamber III that the measures were necessary to protect witnesses whose testimony concerns alleged extrajudicial killings during Duterte's terms as Davao City mayor and president.
The prosecution said numerous witnesses have reported security incidents, while some had made their cooperation conditional on being granted anonymity.
It argued that direct threats were not necessary to establish an objectively justifiable risk to witnesses, citing previous ICC rulings that recognized the security situation in a particular territory as a relevant consideration when assessed alongside a witness's individual circumstances.
The filing identifies six categories of witnesses requiring protection: insider witnesses residing in the Philippines, witnesses from the alleged crime scenes also residing in the country, witnesses whose specific circumstances were redacted, witnesses living abroad, individuals admitted into the ICC protection program, and prosecution staff members.
Particularly concerning, prosecutors said, are insider witnesses whose accounts relate to alleged extrajudicial killings during Duterte's mayoral and presidential administrations and, in some cases, directly implicate the former president.
Their testimony could also implicate former Philippine National Police chief and incumbent Sen. Ronald dela Rosa, whom prosecutors described as having sufficient influence and support in the Philippines to evade arrest despite an ICC warrant that has been public for five months.
Dela Rosa remains at large.
Prosecutors are seeking three categories of protective and special measures: the use of pseudonyms and face and voice distortion to conceal witness identities from the public; closed or private court sessions for sensitive portions of testimony; and psychological support for witnesses considered vulnerable.
Duterte’s trial will start on November 30.
