Monday, 1 February 2010- Defence Witness 02: "My son was not a child soldier"
When ICC officials met him at his home in 2008, Witness 02 insisted that "my son was not a child soldier." The officials were the Defence of Thomas Lubanga. He said the same thing last week to the judges: his son, who had come to the ICC as a prosecution witness, lied about being a child soldier.
Witness 02 told the Court that he had not seen his son since he left home in 2007 to live with his aunt. At this time his son got in touch with an organisation based in Beni and Kinshasa, where he was offered a scholarship to study. Soon after that Witness 02 received some news about his son. A man came to inform the family that he "was alive and studying well." "He told my wife that she had to come to town in order to meet these people in their office where they worked," recalled the witness. She went to the offices despite Witness 02 trying to discourage her. "She was told that in order for the child to be able to study for free the whites who are helping him would like her to sign a letter," said the witness. "She signed the paper. A short time later we saw the consequences thereof. This is when the trouble begun and this continues."
"Mr. Witness did you report your son´s absence to the police in Bunia?" asks the Prosecutor, Mr. Sachdeva. The witness had seen no reason to do so: his sister-in-law had told him that his son had travelled to Beni to look for a job. "I don't like this question. You put this question last week, why do you ask me if I had to go to the police?" Witness 02 is getting more and more irritated at Mr. Sachdeva. "I believe you need to attain the truth," he says, "but you are not seeking the truth. You have another aim in mind".
The prosecutor carries on. "There were rumors circulating in your neighborhood about you sending your son to the ICC to testify as child soldier in return for money. Who was circulating those rumors?" asks Mr. Sachdeva. "Rumors can circulate and you don't know where they are from. I cannot speak certainly about the source of the rumors" the witness replies. Mr. Sachdeva persists. "Would it be possible the rumors could come from supporters of the UPC of Thomas Lubanga? Would you agree with that?" The question irritates the Judge. "Mr. Sachdeva, this is not going to help," says Presiding Judge Fulford. Mr. Sachdeva insists one more time: "is your evidence then that you have no idea about where the rumors came from? This rumor that you heard, it must be difficult for your family to hear these words, right?"
-"I have no answer to give in response to that question," says a deflated witness.
The prosecutor now wants to know whether the witness went to the police upon finding out that his son had gone to the ICC to testify about being a child soldier. "I have already said that nothing would have made me to submit a report to the police because no-one took my son forcefully, there was not reason to file a complaint. I already told you there was no reason to go to the police. I don't know how to stop this," says the witness.
-"Wouldn't this be a reason to go to the police: the fact your son was coming to this Court to lie?" asks Mr. Sachdeva.
- "No, that wouldn't be a reason. My son told me it was your office which called him to confirm if he had been a child soldier," answers the witness.
Witness 02 tells the audience that in 2008 his family received the visit of ICC officials at different times. They were the Defence of Thomas Lubanga. "On the first occasion the official talked to his mother, I was at work. They came to ask us to tell the truth," says Witness 02. "When you saw the officials, did you tell them your son had not been a child soldier?" asks Judge Fulford. "On the second occasion I spoke with them, they put questions to me. Yes, I told them my child had not been a child soldier."
Witness 02 also recalls having a morning meeting at his house, apparently in 2009, with a man called Mbuna. They spoke about the boy´s testimony in court and what his son had said to the judges. "Mbuna spoke about all of that. He said certain individuals would come to my place to put some questions, they were good people, I shouldn't fear," remembers the witness. This was the first time Witness 02 had seen the man.He was a Defence investigator.
-"You have been in touch with your son in the last three or four months by telephone, right?" asks Mr. Sachdeva
-"Yes, I´d like to inform you it was my son who called me. He wanted to speak with his mother. She wasn't at home and I asked him to call around 8pm. He didn't call again. One day another individual called me, she was a woman, she greeted me, she said she wished speak to the mother. I asked what she wanted to talk about. She said nothing bad. I told her I wouldn´t give the phone if I didn't know the reason for that call. This person talked about my son," explains the witness.
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