ICC prosecutors eye to admit 5 witnesses’ recorded testimonies in FPRRD case

Prosecutors from the International Criminal Court (I.C.C.) have asked the judges to admit the recorded testimonies of five witnesses in the crimes against humanity of murder case against former President Rodrigo Roa Duterte, noting that their accounts could help establish the alleged policy of killing suspected criminals.

In a public filing dated Oct. 16, the prosecution asked Trial Chamber III to admit witness testimonies from P-1087, P-1151, P-1158, P-1161, and P-1204.

These accounts detail alleged killings during police operations, the execution of Operation Double Barrel, the use of a watch list targeting suspected criminals under Mr. Duterte’s presidency, and public statements that prosecutors say fostered a culture normalizing killings.

“The Prior Recorded Testimonies of P-1087, P-1151, P-1158, P-1161, and P-1204 are relevant, reliable, and probative,” the prosecution said.

“As [REDACTED], the Five Witnesses provide evidence on [REDACTED]. As such, their evidence is particularly relevant to the policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines and to [REDACTED] to implement this policy,” it added.

Signed by Acting Prosecutor Mame Mandiaye Niang, the filing seeks to submit interview transcripts and supporting materials under Rule 68(3) of the I.C.C.’s Rules of Procedure and Evidence.

Prosecutors also requested limited court follow-up with each witness to shorten direct examinations and save judicial time—though estimated time savings were redacted.

This marks the prosecution’s second Rule 68(3) request to introduce prior witness testimony in the case.

Witnesses discuss alleged killings

According to the filing, witness P-1087 disputed the accuracy of Philippine National Police (P.N.P.) reports on operational killings and explained how such deaths were allegedly normalized under Mr. Duterte’s administration.

The prosecution noted that P-1087 described how the “President Rodrigo Roa Duterte list” (P.R.R.D. list) gave police a sense of impunity, while Mr. Duterte’s public speeches further normalized the killings.

Witness P-1151 addressed police killings, Operation Double Barrel, and the P.R.R.D. list, while also alleging a financial reward system for officers involved in killings and key personnel appointments tied to the alleged crimes.

Prosecutors argued these accounts establish the policy driving the killings, alongside Mr. Duterte’s individual criminal responsibility, knowledge, and intent.

Testimonies from P-1158 and P-1161 similarly address policy and individual liability, with P-1161 alleging Mr. Duterte’s direct involvement with the P.R.R.D. list; portions of both statements remain redacted.

Witness P-1204 detailed internal P.N.P. changes following Mr. Duterte’s assumption of office and provided hearsay testimony on related killings reflecting the same pattern.

The prosecution maintained that all five accounts are mutually consistent and corroborated by additional evidence to be presented at trial.

Defense can cross-examine witnesses

Prosecutors emphasized that admitting prior testimonies respects Mr. Duterte’s right to a fair trial, as his defense team retains full rights to cross-examine the witnesses in court.

“The introduction of the Five Witnesses’ Prior Recorded Testimonies into evidence would not be prejudicial to or inconsistent with the rights of the Accused, as the Defence will have ample opportunity to cross-examine them,” the filing said.

“The Defence have been notified of the Prosecution’s intention to call these witnesses pursuant to rule 68(3) since 31 August 2026 and have adequate time to prepare for their cross-examination,” it added.

Under the proposed framework, each witness will be asked to confirm their consent before entering recorded statements into the court record. Defense counsel, prosecutors, legal representatives for victims, and judges will be permitted to question them directly and observe their courtroom demeanor.

The prosecution affirmed that interviews were conducted standardly under Article 55 of the Rome Statute and Rule 112 of the I.C.C. Rules of Procedure and Evidence, with all five witnesses fully informed of their rights and participating voluntarily.

Prosecutors urged the chamber to grant the request under Rule 68(3) requirements.

The I.C.C. has ruled Mr. Duterte fit for trial, clearing proceedings to begin November 30.

The chamber recently rejected a defense petition to limit prosecution evidence to 10,000 items, which defense lawyers had argued was necessary to avoid overwhelming trial preparation.

Mr. Duterte faces three counts of crimes against humanity regarding alleged murders and attempted murders in the Philippines between November 2011 and March 2019.

The charges stem from the I.C.C.’s broader investigation into alleged crimes committed during Mr. Duterte’s anti-drug campaign.

Arrested in Manila in March 2025, Mr. Duterte surrendered to the court on March 12, 2025, and remains detained at the I.C.C. Detention Centre in Scheveningen, The Hague, Netherlands.