Prosecution Seeks Protection For 55 Witnesses In Rody Trial

The prosecutor of the International Criminal Court (ICC) has formally requested judges to provide protective measures to 55 witnesses involved in the crimes against humanity case against former president Rodrigo Duterte.

In a 12-page request originally filed on Oct. 30 and released on Friday, ICC acting prosecutor Mame Mandiaye Niang said there is an “objectively justifiable risk” that applies to several witnesses and others involved in the case.

“In-court protective measures and special measures are required in order to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses that will testify before the Chamber,” read the request.

“Mr. Duterte will not be unfairly prejudiced by the measures requested. The measures sought are proportionate and constitute the least restrictive means necessary to fairly balance Mr. Duterte’s right to a fair and public trial against the Court’s competing obligation to protect the interests of victims and witnesses who appear before it,” it added.

The witnesses were divided into six categories: insider witnesses residing in the Philippines, crime-based witnesses residing in the Philippines, witnesses in the Philippines, witnesses residing abroad, witnesses admitted in the ICC protection program and prosecution staff members.

The prosecution requested three types of in-court protective and special measures for the trial witnesses. These include measures intended to protect a witness’ identity from the public, closed or private session intended to protect particular portions of a witness’ testimony from public disclosure and measures intended to support a witness psychologically during testimony.

Based on the request, the prosecution wanted the protective measures to be in the form of pseudonyms, face and voice distortion and permitted private session.

It said that stringent in-court protective measures for the witnesses “will ensure that they can give evidence freely without fear for their personal safety and without compromising their security or the security of their family members.”

Two witnesses to be presented by the prosecution are its staff members. Details of the nature of their testimony have yet to be released.

For its part, the Philippine National Police is prepared to provide security to witnesses in the crimes against humanity cases against former president Duterte before the ICC, PNP chief Gen. Jose Melencio Nartatez Jr. said.

Nartatez said the police have yet to receive any communication from the ICC regarding the protection of the witnesses. 

“I do not know who these witnesses are. We have also not received any letter from the ICC,” Nartatez said at Camp Crame. 

Meanwhile, National Bureau of Investigation Director Melvin Matibag said they are hopeful they can arrest Sen. Ronald “Bato” dela Rosa anytime soon, with its search unit continuing efforts to locate the senator, who has been in hiding since May.

Matibag said operatives were pursuing leads and verifying information on his whereabouts, but declined to disclose more details .– With an additional report from Mark Ernest Villeza