INTERNATIONAL Criminal Court (ICC) prosecutors cited reported security incidents involving witnesses and the continuing influence of former president Rodrigo Duterte’s allies in seeking protection for 55 witnesses who will testify during his trial.
In a public redacted filing made on Nov. 5, the 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 had reported security incidents to its office, while some agreed to cooperate only if they remain anonymous.
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’ 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 to the prosecutors are insider witnesses whose accounts relate to alleged extrajudicial killings during Duterte’s mayoral and presidential terms and, in some cases, directly implicate him.
Their testimony could also implicate former Philippine National Police chief and incumbent Sen. Ronald dela Rosa, whom prosecutors described as having the influence and support 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.
The measures are intended to safeguard witnesses’ identities and well-being without compromising Duterte’s right to a fair trial, they said.
They maintained that the former president will have the same opportunity to question the witnesses as he would if their identities were publicly known.
The defense would also remain free to conduct its own inquiries to challenge the evidence presented by the prosecution.
The prosecutors said they will ask the chamber to hold closed or private sessions orally during testimony only when necessary, and would seek to keep as much testimony as possible in public session.
The prosecution plans to rely on the testimony of 78 witnesses, 69 of whom are expected to testify in person or have their prior testimony introduced under Rule 68(3) of the ICC’s Rules of Procedure and Evidence.
The trial is scheduled to open on Nov. 30. Trial Chamber III is composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou.
The filing also disclosed that one prosecution staff member, identified as witness P-1439, is already covered by protective measures ordered by a previous Trial Chamber under Regulation 42(2) of the Regulations of the Court.
Prosecutors asked the chamber to maintain the protections, saying the circumstances that justified them had not changed.
The prosecution’s request to protect the witnesses was initially filed confidentially on Oct. 30. A redacted version was submitted simultaneously, while the public redacted version was released on Thursday.
