Thursday, 21 January 2010- Witness 229: "I was a schoolchild, I didn´t want to become a soldier."
This is the fourth day the second participating victim takes the stand to give evidence on his alleged recruitment by the UPC, the armed group commanded by Thomas Lubanga. In previous days, the Lubanga Defence has examined the circumstances in which the youngster was abducted by the UPC soldiers, his duties in the military camps and his active participation in the Battle of Bogoro on February 2003. Today, Lubanga´s lawyers continue to try and pick holes in his account.
Mr. Desalliers announces his intention to read out an excerpt of a previous statement made by Witness 225 in 2007. In this statement, the former child soldier describes the moment he was injured in the course of the Battle of Bogoro: "After accelerating the training we went to fight to Bogoro. The fighting was really bloody. I was hit by a bullet in my eyelid," reads Mr. Desalliers. Witness 225 seemed to have said something different during his testimony. He said he had been wounded by the explosion of a shell. "Can you distinguish between bullets and bombs?" asks the lawyer. "What do you mean when you talk about a bomb?" he persists. Witness 225 does not answer. He keeps quiet. Presiding Judge Fulford intervenes: "The witness said previously he was injured by a bomb. It is clear. If we do this too often we will have difficulties ending this testimony."
Mr. Desalliers moves on. He reads another excerpt of the witness´ statement: "I speak and read French, Swahili, Alur, my mother tongue, and Lingala, I learnt this language in the army." "Prior to your joining in the army, you did not speak Lingala?" asks Mr. Desalliers. "In our region, Lingala is not spoken, only Alur is spoken," answers the witness. "I knew very little Lingala, greetings for example, but I could not speak it. In the [military] camp, the Lingala was the recommended [language], they didn´t want us to speak our mother tongue. I already had notions of Lingala, I couldn´t speak but I could understand." "If I were to suggest that the language spoken by the UPC soldiers was Swahili instead of Lingala, would you change your statement? asks Mr. Desalliers. Witness 225 is sure and reiterates his previous answer: the Lingala was the Language spoken by soldiers and commanders in the UPC camp. The lawyer asks to proceed in private session.
After a short break and following a discussion on procedural matters, Witness 225´s testimony comes to an end. Presiding Judge Fulford announces the next witness. The third participating victim is about to give evidence. It is 12.10 in the morning and Witness 229 takes the oath.
This former child soldier testifies under protective measures, with his voice and image distorted and far from the eyes of the accused, Thomas Lubanga. "Mr. Keta, I imagine your first questions will be in private session," says Judge Fulford. The Legal Representative of Victims, Mr. Joseph Keta, examines the identity of his client.
Witness 229 was abducted on his way back from school. A group of armed militia men approached him and began to talk. "Little boy, we are going off together," the soldiers said to him. "I was asking them where we were going? Where are you taking to me?" explains the witness. Soon after, they arrived in a military camp located 10 km away from Ngnoka village. "After five days we left in direction of Bule. We travelled for two days, we spent the night there and the next day they asked us to start training." Witness 225 was trained in this second camp for a whole week. He was given a military uniform and taught how to use weapons. "After a week of training they told me we were going to attack Bunia. Once again they gave me drugs."
Witness 229 walked for four days before reaching the city of Bunia, the capital of Ituri. "Before attacking Bunia, the commanders requested the kadogos [child soldiers] assess the situation." This was the first time Witness 229 took part in a battle. According to the witness the attack commenced at six o´clock in the morning and lasted until three in the afternoon. By this point, the UPC had gained control of the town.
Witness 229 tells the Court about the moment he decided to escape from the army with his friends. "I said let us flee!" the witness recalls. "One of my friends was crying. He was tired. He wanted to kill himself." When Witness 229 got back home, his old life had been turned upside down. "My sister told me the FNI militia men had brought out my parents. They asked them for money, but they didn´t have any. They took them away. Even today I don´t know where they are. I don't know if they are still alive."
Witness 229 cries. "Excuse me," he says. "Closed session please."
After the lunch break, the witness tells the Court about the punishments meted out in the military camps. "There were disciplinary rules," explains Witness 229. The recruits had to respect the commanders. They had to follow orders, obey each decision. "Those who did not follow were punished. You would be whipped or put in prison. That how things worked," he says. The former child soldier is very clear when he is asked to identify the people who abducted him: they were UPC soldiers. "Do you know the name of their leader?" asks Mr. Keta. "The only leader I know is Thomas Lubanga," says Witness 229.
Before concluding the testimony, Mr. Keta gives to his client the opportunity to speak. "I didn´t enroll of my own volition," says the witness. "I am not satisfied with the time I spent in the UPC. I was a schoolchild, I didn´t want to become a soldier."
"This is my last question," announces Mr. Keta. "By taking part in this trial, what do you expect from this court?"
"I don't have an answer," says the youngster.
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