ICC urged to limit questioning time for traumatized witness in Rodrigo Duterte case

PRAGUE, Czech Republic - As the International Criminal Court (ICC) Trial Chamber III decides which witness testimonies to admit in the trial of former President Rodrigo Duterte, the victims’ legal representatives are urging judges to limit the questioning time for one witness to protect her psychological well-being.

In their public redacted response released on November 10, the Common Legal Representatives of Victims (CLRV) support the Office of the Prosecutor’s application to admit the prior recorded testimonies of P-0008, P-1303, and P-1164 under Rule 68(3).

However, they are asking the court to keep P-1303's participation to a minimum, citing the witness's “highly traumatizing” experience related to the death of an unnamed victim.

P-1303, whom the CLRV identified as a parent, said recounting what happened causes her “severe distress.”

“Reducing the number of times she is required to recall and relive these memories in the courtroom would therefore help to significantly mitigate the psychological impact of giving testimony,” the CLRV, composed of Paolina Massidda and lawyers Joel Butuyan and Gilbert Andres, stated in their filing.

"Appearing as a rule 68(3) witness, P-1303 will remain subject to be questioned by the defense and may still be required to recount aspects of the events affecting her and her children."

On October 19, prosecutors cited P-1303’s experience in a redacted application document to establish crime-based murders allegedly committed by Philippine National Police (PNP) officers.

Prosecutors also redacted a charged incident that P-1303’s testimony could help prove.

The CLRV has also invoked the Rome Statute’s Article 68(1), which asks the court to take “appropriate measures” to protect the safety, physical and psychological well-being, dignity, and privacy of victims and witnesses.

The lawyers noted that the admission of P-1303’s prior recorded testimony “would help to avoid unnecessary repetition of her traumatic experiences while preserving the defense’s opportunity to examine her.”

The CLRV’s latest redacted filing is the second to be made public so far.

The victims’ lawyers have previously supported the prosecution’s admission of prior recorded testimonies of P-1370, P-1393 and P-1416, applied under Rule 68(2)(b), emphasizing to Trial Chamber III that doing so would “facilitate the victims’ right to an expeditious trial”.

Presiding Judge Joanna Korner and her fellow Trial Chamber III judges Keebong Paek and Nicolas Guillou have yet to release a decision on 15 pending applications from the prosecutors.

Duterte’s trial for crimes against humanity in connection with his war on drugs will begin on November 30. —VBL/KG, GMA News