Follow-Up: Duterte Prosecutors Seek Pre-Recorded Testimony and Expert Reports to Speed the Trial: Defence Objects for Key Witnesses

The Hague — Prosecutors at the International Criminal Court have filed a series of applications asking the court to admit pre-recorded testimony and expert reports under Rule 68 of the Rules of Procedure and Evidence, in a bid to shorten the trial of former Philippine President Rodrigo Duterte, which opens on November 30. The defence supports speeding up the proceedings in light of Duterte's age and frailty, but objects to excusing witnesses who directly implicate him from cross-examination.

In an application filed on November 3, the prosecution asked to admit the prior recorded testimony of witnesses P-0019, P-1032 and P-1409, concerning Duterte's so-called "narco list" and the operations of the Davao Death Squad, together with about one hour of supplementary live questioning for each. Under the proposal, direct examination of the three witnesses would fall from about nine hours to about three, saving at least six hours of court time.

An eleventh such application, released on November 4, seeks to admit reports from three expert witnesses. One of them, P-1162, analyzed fatality patterns in anti-drug operations and concluded that the scale of the killings could not be explained by legitimate self-defence and amounted to a "systemic practice" of extrajudicial killings; the other two, P-1071 and P-1078, are academics. Acting Prosecutor Mame Mandiaye Niang argued that admitting the statements would "enhance the expeditiousness of the proceedings, obviate the unnecessary appearance of the witnesses, save valuable court time and resources, and serve the interests of justice."

Duterte's lead defence counsel, Peter Haynes KC, said the defence supports using Rule 68(2)(b) to expedite the trial, "particularly in light of Mr Duterte's age and frailty," but that procedural efficiency must not come at the expense of his fundamental right to defend himself effectively, and that witnesses whose evidence directly concerns his alleged conduct must be available for questioning. Trial Chamber III is expected to rule on the contested statements before the trial opens on November 30. Duterte faces three counts of crimes against humanity involving at least 76 murders.

Related: ICC: Duterte Trial to Open on November 30, Defendant Must Attend Every Day

(Source: International Criminal Court)

Source: International Criminal Court

Published by GSM · USA (original Chinese edition)

Photo: 图：位于荷兰海牙的国际刑事法院总部大楼。照片 CC BY-SA 4.0，经 Wikimedia Commons。 / Photo: The headquarters of the International Criminal Court in The Hague, Netherlands. CC BY-SA 4.0, via Wikimedia Commons.

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