A Davao journalist has formally challenged the International Criminal Court over a video used in proceedings against former President Rody Duterte, claiming unauthorized use and misrepresentation.
Ben Jason Tesiorna, who recorded the footage in 2013, executed a notarized affidavit on February 26, 2026, disputing the ICC’s broadcast of the video during the confirmation of charges hearing on February 23. Tesiorna stated he personally recorded the video during a media showcase of Davao City’s Central 911 CCTV system.
In the affidavit, Tesiorna said he owns the copyright to the recording and did not authorize the ICC or anyone else to show or broadcast it. He added the footage, recorded on his personal phone, is not public, and any showing without consent is illegal. He denied any connection between the video and extrajudicial killings or crimes against humanity.
Tesiorna emphasized that the video was intended to demonstrate the capabilities of the CCTV system, not to endorse or condone any killings. He explained that former President Duterte’s reaction in the footage reflected the technology, not approval of violence.
The affidavit further requests that the ICC remove the video from its court records and issue a public apology for the alleged misrepresentation. Tesiorna set a deadline of February 27, 2026, for the apology and warned that failure to comply could lead him to seek redress for damages, including copyright infringement and cyberlibel.
Deputy Prosecutor Mame Mandiaye Niang maintains that Duterte oversaw a “common plan” to neutralize alleged criminals, and that unresolved cases like the Agdao killings point to systemic protection for the Davao Death Squad. Tesiorna’s statement challenges the prosecution’s narrative, asserting the video was misrepresented.
The hearing continues while Duterte remains in ICC custody in Scheveningen. Presiding Judge Iulia Antoanella Motoc is expected to conclude the confirmation of charges hearing on February 27. The Pre-Trial Chamber I will then have 60 days to decide whether to confirm charges, request additional evidence, or halt the case.
