ICC Prosecutor Submits Witness, Evidence List Against Duterte

MANILA, Philippines — The prosecutor of the International Criminal Court (ICC) has formally submitted the list of witnesses and evidence to be presented against former president Rodrigo Duterte in his upcoming trial for crimes against humanity. ICC deputy prosecutor Mame Mandiaye Niang formally submitted the lists on Aug. 31, the deadline set by the ICC Trial Chamber III. The lists were tagged as confidential “as both include sensitive witness information,” read the three-page filing. Duterte’s trial is scheduled to begin on Nov. 30, barring any new development that could defer or adjourn the trial. During the case’s first status conference in May, ICC senior trial lawyer Julian Nicholls said as many as 70 witnesses may be presented against the former president during his trial. These include 31 insider witnesses, 17 crime-base witnesses and 12 witnesses “who are relevant to explain the background and the contextual elements of the crimes charged.” The prosecutor intends to call 25 to 30 of these witnesses to give viva voce or verbal testimony during the trial. The rest of the witnesses will be presented under ICC’s Rule 68, which allows “the introduction of previously recorded audio or video testimony of a witness, or the transcript or other documented evidence of such testimony.” The prosecution previously estimated that its direct examination of the witnesses will take approximately 175 to 200 hours. ICC Trial Chamber III Presiding Judge Joanna Korner previously underscored the need for an expeditious process, citing Duterte’s advanced age. She said that presentation of evidence “must take place in the shortest and clearest way” and reminded parties to avoid unnecessary and lengthy legal arguments. The ICC has yet to release the findings of the panel of independent medical experts that was formed to assess Duterte’s fitness to stand trial. The defense on Monday also moved for the refiling of the document containing charges against the former president.