As the International Criminal Court (ICC) Trial Chamber III prepares for the upcoming trial of former President Rodrigo Duterte, lawyers representing victims are asking judges to limit the courtroom questioning time for a key witness to safeguard her psychological well-being.
In a public redacted response released on November 10, the Common Legal Representatives of Victims (CLRV) supported a prosecution request to admit prior recorded testimonies for witnesses P-0008, P-1303, and P-1164 under Rule 68(3). However, the legal team—comprising Paolina Massidda, Joel Butuyan, and Gilbert Andres—urged the court to minimize the participation of P-1303, describing her previous experience relating to a victim’s death as highly traumatizing.
P-1303, identified as a parent, stated that recounting the events causes severe distress.
“Reducing the number of times she is required to recall and relive these memories in the courtroom would therefore help to significantly mitigate the psychological impact of giving testimony,” the CLRV stated in their filing.
”Appearing as a rule 68(3) witness, P-1303 will remain subject to be questioned by the defense and may still be required to recount aspects of the events affecting her and her children.”
Legal Grounds for Protection
In October, prosecutors cited P-1303’s case to help substantiate crime-related murders allegedly carried out by Philippine National Police officers. Citing Article 68(1) of the Rome Statute, the CLRV asked the chamber to enforce measures protecting the safety, dignity, privacy, and well-being of witnesses.
The lawyers emphasized that admitting the prior recorded testimony would prevent unnecessary repetition of trauma while still allowing the defense an opportunity to examine the witness. Trial Chamber III judges Joanna Korner, Keebong Paek, and Nicolas Guillou have yet to rule on 15 pending prosecution applications.
Duterte’s trial for crimes against humanity linked to his administration’s war on drugs is scheduled to begin on November 30.