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Duterte camp challenges use of two witnesses’ recorded testimonies at ICC trial

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Floyd Brenz., Philippine Canadian Inquirer
October 27, 2026

Photo Courtesy: ICC

The defense team of former president Rodrigo Duterte is opposing the prosecution’s request to use previously recorded testimonies from two witnesses in his crimes against humanity case before the International Criminal Court.

In a filing dated October 26, Duterte’s lawyers urged the court to require witnesses P-1393 and P-1416 to testify in person, allowing the defense to question them directly. Alternatively, they asked the court to ensure that procedures are in place for further questioning.

The defense questioned the reliability of the witnesses’ accounts, citing alleged inconsistencies and contradictions that it said need closer examination.

Witness P-1393’s recorded testimony reportedly discussed an alleged killing, supposed payments to police officers and claims that officers were given quotas. The statement also referred to alleged payments from funeral parlors for each body delivered.

However, Duterte’s lawyers argued that the witness did not personally witness the death or the events leading up to it. They said portions of the account relied on information from other people who are not among the prosecution’s witnesses.

The defense also challenged the testimony of P-1416, which reportedly covered alleged killings, bullet wounds and claims linking police officers to the deaths. Lawyers argued that discrepancies between this account and another witness’s testimony should be examined further.

The objections came after prosecutors sought permission to submit recorded statements from three witnesses — P-1370, P-1393 and P-1416 — instead of having all three deliver full testimony in court. Duterte’s defense said it did not oppose the use of P-1370’s recorded testimony.

The defense acknowledged that recorded statements could help shorten proceedings, particularly given Duterte’s age and health concerns. However, it maintained that efficiency should not come at the expense of his right to challenge the evidence against him.

Duterte faces crimes against humanity charges linked to alleged killings during his administration’s anti-drug campaign and his time as Davao City mayor. He was arrested in March 2025 and remains in detention at the ICC in The Hague, Netherlands.

The trial is scheduled to begin on November 30, 2026.

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