Former president Rodrigo Duterte’s defense team has asked the International Criminal Court (ICC) to reject the prosecution’s bid to admit the recorded testimonies of two witnesses in his crimes against humanity case without requiring them to testify in person.
In a document dated October 26, the defense urged ICC Trial Chamber III to hear witnesses P-1393 and P-1416 in person or allow their testimony under Rule 68(3), citing the need for cross-examination.
“It submits, however, that P-1393 and P-1416 should be heard viva voce or, alternatively, pursuant to Rule 68(3), given the centrality of their evidence and the need for cross examination,” the defense said.
The defense questioned the reliability of the witnesses’ accounts, citing alleged inconsistencies and reliance on hearsay, and argued that supporting evidence should be admitted only if it meets the chamber’s strict criteria.
It also asked the chamber to reject two associated pieces of evidence, while expressing support for admitting the recorded testimony of a third witness, P-1370, to help expedite proceedings.
“The Defense supports the use of Rule 68(2)(b) to expedite the trial, particularly in light of Mr. Duterte’s age and frailty. However, procedural efficiency must not come at the expense of his fundamental right to defend himself effectively,” the defense said.
Duterte faces crimes against humanity charges linked to alleged extrajudicial killings during his presidency and his tenure as Davao City mayor. He remains detained at the ICC detention center in The Hague, Netherlands, with his trial scheduled to begin on November 30.
