Prosecutors asks ICC to admit testimonies detailing police’s ‘modus operandi’

MANILA, Philippines — Prosecutors at the International Criminal Court have asked Trial Chamber III to admit written witness testimonies alleging systemic police tactics and fabricated accounts during the war on drugs of detained former President Rodrigo Duterte.  

In a motion filed under Rule 68(3) of the ICC Rules of Procedure and Evidence, the Office of the Prosecutor requested authorization to introduce the prior recorded statements, interview transcripts, and associated case materials of four key witnesses into the official court record.

The submission focuses on establishing the operational patterns of the Philippine National Police (PNP) during drug operations. 

According to court documents, the witness statements provide detailed accounts of police officers allegedly planting firearms and methamphetamine, locally known as “shabu," near victims' bodies to simulate self-defense scenarios, commonly framed in official reports as “nanlaban” incidents.

The documents filed by the prosecution further outline how official PNP reports were routinely fabricated and submitted internally as positive "accomplishments," alongside the deployment of paid police assets and financial incentives for officers involved in extrajudicial executions.

Trial Chamber III is scheduled to open the trial proper on November 30, where the former chief executive faces three counts of crimes against humanity involving murder and attempted murder during his tenure as Davao City Mayor and as president of the Philippines. 

The prosecution has also asked the court to admit testimonies of other witnesses, which are expected to be 60 to 70, according to the prosecution. 

The prosecution's motion centers on the written testimonies of four key witnesses, each providing critical evidence regarding different operational facets of Duterte’s drug war.

Witness P-1136 indicated that Duterte targeted public officials as "high-value targets" who were allegedly involved in the illegal drug trade. 

He also stated that these targeted individuals were often recorded on the presidential drug watchlist, known as the “PRRD List.”

Furthermore, the prosecution highlighted that Witness P-1136 provided evidence going toward proof of Duterte's policy to "neutralize" local public officials allegedly involved with illegal drugs, as well as his public threats directed against high-value targets.

“P-1136 was [REDACTED]. In his statement, P-1136 indicates that Mr Duterte targeted public officials as “high-value targets” (“HVT”) allegedly involved in the illegal drug trade,a nd often recorded in the PRRD List,” the prosecution said. 

According to the prosecution, witness P-1345 detailed specific patterns in police modus operandi during anti-illegal drug operations in Manila, particularly under "One Time Big Time" drives. 

The witness indicated that police officers routinely planted shabu and firearms near victims' bodies to simulate self-defense scenarios and justify the killings.

Additionally, Witness P-1345 provided evidence regarding the practice of "red-tagging," noting that administration critics, labor leaders, and members of the judiciary were systematically labeled as drug personalities or subversives.

“P-1345 describes: (i) the structure and functioning [REDACTED]; (ii) the establishment of an Extrajudicial Killing (“EJK”) [REDACTED] due to an escalation in the killings;19 and (iii) the lack of cooperation from the PNP during [REDACTED]. P-1345’s statement includes detailed discussions of nine case files [REDACTED] of PNP killings of alleged drug personalities during the “war on drugs”. P-1345 identifies patterns in the modus operandi of PNP killings, including planting shabu and guns near the victim’s body. P-1345 also explains that journalists, human rights groups, labour leaders and judges who opposed Mr Duterte’s administration were ‘red-tagged’ as drug personalities or communists.”

Witness P-1391 also detailed institutional patterns within police operations, stating that official PNP reports were routinely fabricated following anti-drug operations. 

The witness indicated that police deployed paid assets to carry out executions and offered monetary incentives to officers for carrying out killings. 

Additionally, Witness P-1391 provided direct evidence regarding specific charged events, including Incidents 21 and 30, which involved the aftermath of the killing of 17-year-old Kian delos Santos.

“P-1391’s evidence further assists with the proof of Incidents 21 and 30. As such, the Four Witnesses’ evidence goes to the proof of the contextual elements of crimes against humanity and to the policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines,” the prosecution said.

According to the prosecution's filing, witness P-1404 detailed community-level surveillance mechanisms, stating that local barangay clearance policies and inter-agency efforts were used to systematically track individuals on drug watchlists. 

The witness indicated that local officials were directed through the Department of the Interior and Local Government to submit updated drug watchlists on a monthly basis and to utilize community monitoring programs like “MASA MASID.”

Additionally, Witness P-1404 highlighted internal police reporting practices, noting that police officers routinely recorded and presented extrajudicial killings as official accomplishments.

“P-1404 also provides evidence on: barangay clearance policy; the different types of watchlist (including PDEA, barangay, PNP, [REDACTED] Department of Interior and Local Government (“DILG”) and Presidential); how the Co-Perpetrators ordered barangay captains via the DILG to submit updated watchlists each month; and the MASA MASID programme.He speaks about the process [REDACTED]. [REDACTED]. He also [REDACTED] and evidences reporting and the presentation of killings as “accomplishments”. P-1404’s Prior Recorded Testimony goes to proof of a policy to ‘neutralise’ through violent crimes, including murder, alleged criminals in the Philippines. It also provides evidence of barangay clearance policy, including [REDACTED].”

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