Lawyers Gilbert Andres, Joel Butuyan, and Paolina Massida from the Common Legal Representatives of the Victims (CLRV) attend the confirmation of charges hearing of former President Rodrigo Duterte before the Pre-Trial Chamber I of the International Criminal Court (ICC) on February 23, 2026. (Courtesy: ICC-CPI)
The common legal representatives of victims (CLRV) asked the International Criminal Court (ICC) Trial Chamber III to admit the prior recorded testimony of victim-witness P-1303, in a bid to limit her time in court in the crimes against humanity case against former President Rodrigo Duterte.
In a public filing, counsels Gilbert Andres, Joel Butuyan, and Paolina Massidda said P-1303’s court time must be kept to a minimum to protect her psychological well-being and to ensure a fair and equitable trial.
They said learning about the killings was highly traumatizing for P-1303, and that recounting the events would cause her severe distress.
“The need to limit the extent to which she must recount the particularly traumatizing events experienced [REDACTED] should be a significant consideration for Trial Chamber III (the ‘Chamber’) in determining whether to admit her prior recorded testimony pursuant to Rule 68(3) of the Rules,” they wrote.
The representatives said reducing the number of times she has to recall the events before the ICC would help mitigate the psychological impact of her testimony.
They added that P-1303 will still be questioned by Duterte’s defense and may be required to recount events that affected her and her children, as she is set to appear as a Rule 68(3) witness.
Citing Article 68(1) of the Statute, the representatives said the Trial Chamber is required to take appropriate measures to protect the “safety, physical and psychological well-being, dignity and privacy of victims and witnesses.”
“Given that P-1303 will be available for questioning by the Defense, admitting her prior recorded statement would help to avoid unnecessary repetition of her traumatic experiences while preserving the Defense’s opportunity to examine her,” they said.
The approach, they said, would be consistent with the Chamber’s obligation under Article 64(2) of the Statute to ensure that the trial is “fair and expeditious” and conducted with full respect for the accused’s rights and due regard for the protection of victims and witnesses.