ICC prosecutor requests two more expert reports vs Rodrigo Duterte
The prosecutor of the International Criminal Court has requested trial judges to allow the addition of two expert reports in former president Rodrigo Duterte's crimes against humanity trial.
Filed on Oct. 30 by acting ICC prosecutor Mame Mandiaye and made public last week, the document asked the Trial Chamber III judges to allow as evidence the joint expert reports of witnesses P-1071 and P-1078, as well as a separate report of witness P-1162.
According to Mandiaye, the expert reports "are relevant, reliable, and probative." Further, the prosecutor wrote the addition of the expert reports along with associated material is consistent "with the rights of Mr. Duterte and the Defence has agreed, in principle, to the introduction of expert reports..."
Per the prosecution, witnesses P-1071 and P-1078 are "both widely published and recognised as leading academic experts in this field." Additionally, the witnesses, who are both included on the Court Registry's List of Experts, "each have extensive experience testifying as expert witnesses in litigation..."
"The Joint Expert Report and its associated material will assist the Chamber in its determination of the truth," the prosecution wrote.
In addition to the joint report, the prosecution also asked the trial court to admit into evidence the expert report by witness P-1162, who is also included in the Registry's List of Experts, along with associated material.
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P-1162's reports "demonstrate the implausibility that the number of suspects killed can be explained by legitimate self-defence in light of the number of suspects and police who died in anti-illegal drug operations during Mr. Duterte's presidency."
The reports also "analysed the use of deadly force by the PNP, through a series of national, international and regional comparisons, with a particular focus on Bulacan province," the document continued.
In the reports, the following indicators are identified: the "ratios of suspects wounded against suspects killed, suspects killed against police officers killed, and number of operations against suspects killed."
"Based on this evaluation, P-1162 finds that the number of deaths during Mr. Duterte's presidency was not the unavoidable result of lawful self-defence," wrote the prosecution.
According to P-1162's reports, "the suspect to police officer fatality ratios 'provide a compelling evidentiary basis to conclude that a vast majority of these encounters were staged to mask targeted killings, representing a systemic practice of extrajudicial execution rather than legitimate law enforcement."
Comparing baselines in the Aquino and Marcos presidencies, P-1162 reported that "the number of deaths during Mr. Duterte's presidency significantly exceeds the number that would be expected having regard to the respective baselines."
Defense opposes prosecution's bid
Duterte's defense team raised its objections to the prosecution's request to introduce an expert report by another witness, identified as P-1400, saying the request was filed weeks after the deadline for listing trial evidence.
In an eight-page filing, the defense asked Trial Chamber III to exclude the report and any supporting documents presented by P1-400. In particular, the defense objected to two additional studies that were neither explained nor expounded upon in the expert report.
"In reality, the prosecution is attempting indirectly to introduce material prepared by other professionals who are not on its witness list via the instant expert report," the defense wrote, adding that P-1400's second report has contextual information that falls outside what the witness was supposed to provide.
The introduction of the additional report and supporting documents "would be redundant, and would burden the Chamber with evidence of negligible relevance," the defense wrote.
Duterte is facing three counts of crimes against humanity in connection with the alleged extrajudicial killings during his administration's so-called war on drugs. The charges also cover actions of the supposed Davao Death Squad when Duterte served as mayor of Davao City.
He was arrested on March 11, 2025 in Manila under an arrest warrant issued by the ICC and was immediately flown to the ICC detention center in The Hague, Netherlands, where he has been detained since.
Duterte's trial is scheduled to begin on Nov. 30.
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