International Criminal Court (ICC) prosecutors have formally requested Trial Chamber III to allow pre-recorded testimony and related evidence from a critical witness in the crimes against humanity case against former President Rodrigo Duterte.
In a September 7 submission, Acting Prosecutor Mame Mandiaye Niang asked the court to admit the prior recorded account of a witness designated as “P-1100” under Rule 68(3) of the ICC Rules of Procedure and Evidence.
The prosecution also requested a brief, focused live examination when the witness takes the stand.
If granted, the measure would slash P-1100’s direct examination from seven hours to just two, “thus saving at least five hours of court time” while accommodating Duterte’s health conditions.
Key Evidence on Death Squad Operations
Prosecution filings underscore that P-1100’s account provides vital insights into the systemic use of violent tactics to eliminate suspected criminals in the Philippines.
Niang emphasized the probative value of the submission, noting:
”It also provides evidence of the Davao Death Squad’s (‘DDS’) modus operandi, as well as the Accused’s individual criminal responsibility, including in relation to his knowledge and intent.”
The prosecution added that the witness’s prior statements and associated exhibits are particularly relevant to establishing a broader policy to “neutralize” targeted individuals through murder and other violent acts.
While much of the witness’s identity and specific background details remain redacted in public court filings, the move has sparked outside speculation regarding whether P-1100 could be a previously known figure linked to death squad allegations, such as Edgar Matobato, Arturo Lascañas, or Cezar Mancao.
However, the court documents do not confirm the witness’s identity.
Safeguarding Defense Rights
Prosecution lawyers maintained that admitting the recorded statements prior to live testimony would not infringe upon the former president’s legal rights.
Under the cited procedural rules, P-1100 must still appear in person to confirm the accuracy of the statement and remain fully available for cross-examination by defense lawyers, the Trial Chamber, and victim representatives.
Duterte faces charges of crimes against humanity connected to anti-crime and anti-drug campaigns during his time as Davao City mayor and his term as president.
Following the confirmation of charges earlier this year, trial proceedings are scheduled to open on November 30. Duterte has consistently denied the charges.