MANILA, Philippines — The International Criminal Court’s Trial Chamber III has allowed prosecutors to present the written testimony of a witness who they say has evidence about the operations of the alleged Davao Death Squad (DDS).
In an Oct. 2 decision, the chamber granted the prosecution’s request to introduce the written statement of a witness identified as “P-1100” as evidence in the case against former President Rodrigo Duterte.
The prosecution has alleged that the DDS formed part of a system that Duterte conceived and used in connection with killings during his campaign against illegal drugs.
The chamber said it found the substance of P-1100’s evidence relevant to the “background of and context of this case.”
“Although P-1100’s prior recorded testimony contains some opinion statements, the defense will have the opportunity to question the witness,” the chamber said in its 15-page decision.
The judges said Duterte’s defense can challenge the basis of the witness’ knowledge and examine the foundation for his interpretations.
The defense can also question the limits of what P-1100 can establish from personal observation, the chamber said.
The judges noted that witnesses may provide evidence based on their personal perspectives, including conclusions or opinions, during testimony.
However, the chamber clarified that P-1100’s testimony would not constitute expert evidence solely because of his professional background.
“Contrary to the defense’s submissions, P-1100’s testimony, by virtue of his professional standing alone, will not be offered as expert evidence,” the chamber said.
The judges also directed prosecutors not to use P-1100’s testimony to support conclusions that extend beyond the witness’ personal knowledge.
Prosecutors had earlier asked the chamber to admit the testimony, describing P-1100 as a person with “relevant and reliable” evidence concerning Duterte’s alleged criminal responsibility for killings linked to the drug war.
Duterte remains detained at an ICC facility in The Hague and faces trial on crimes against humanity allegations related to his administration’s anti-drug campaign. The trial is scheduled to begin Nov. 30.
