Aegis Trust

Tuesday, 19 January 2010 - Witness 225: "I was amongst the corpses. Nobody around me was alive"

The Defence of Thomas Lubanga continues examining the testimony of the second participating victim, a former child soldier allegedly recruited by the UPC. Last week the youngster told the judges he had been forcibly taken by a group of UPC soldiers. He said he had been transferred to different military training camps, where he was subjected to all kinds of punishments and mistreatment. "In the camp everyone was punished," the witness said on Friday.

Witness 225 also explained that one of his responsibilities was to find "beautiful girls" for the UPC commanders. "Once we found the girls we took them to the camp. On that occasion we found three girls, they were two or three years older than me. I don´t know what was their destination," said the witness.

Today, the Defence team explores the reliability of the witness´ previous statements.

"Mr. Witness, you said last week that the second camp had been attacked by the FNI [Front des Nationalistes et Intégrationnistes] and that you participated in that battle," says the Defence Councel, Mr. Desalliers. "If I were to suggest that the UPC was never attacked by the FNI at the second camp, would you change your statement? Witness 225 hesitates. He seems to have trouble answering. "All these questions are difficult," says the youngster, "I am very sure what I am saying."

Witness 225 had told the Court he took part in the Battle of Bogoro, where according to the Prosecution, nearly 200 civilians died as a result of the clashes between the Hema and Lendu-Ngiti militias (the UPC and the FNI-FPRI respectively). "Could you explain your duties with regards the fighting in Bogoro?" asks Mr. Desalliers. Witness 225 tells the Defence Councel he sometimes transported ammunition. He refers to a Swahili word. The court translators do not offer interpretation. The Defence team asks their client, Thomas Lubanga. Lubanga writes down the meaning of the word on a piece of yellow paper. Mr. Desalliers takes the note and reads: ''Does this word means 'bullets for rifles'''?

Witness 225 carried weighty metallic boxes to transport bullets. "Is it not too heavy for you to transport this material for one and a half weeks on your way to Bogoro?" asks Mr. Desalliers. "You said last week you were not strong enough to carry an SMS," the lawyer reminds him, referring to a light automatic weapon. "The weapon was not too heavy to transport but when I fired I was thrown back. That´s what I said," says the witness.

Mr. Desalliers moves on to explore what occurred that day, when the battle took place. According to Witness 225 the Battle of Bogoro started at five in the morning and lasted the entire day. "Mr. Witness, is it possible that the battle of Bogor happened on 24 February 2003?" asks the Counsel. Immediately the Prosecution objects. The witness has already said he has difficulty remembering specific dates. Presiding Judge Fulford also raises his objections, and suggests that the possible answer will not provide useful information. Despite these objections, Mr. Desalliers persists: "I am going to rephrase my question. You said you were abducted in February 2003. Did the battle take place at the beginning or at the end of February?" For Witness 225 it is hard to remember what happened seven years ago.

"I don't feel well, I need a rest," says the witness.

The examination of this evidence is becoming slow and difficult. The witness is finding it hard to understand the questions put by the Defence Counsel. Often the Defence has to ask the same question several times before a satisfactory answer is given.

Witness 225 was injured in the course of the battle of Bogoro. "After being hit by the bullet I thought I was dead. I was lying down next to another dead body. I remained laid down. I don't remember for how long. The fighting continued. I was amongst the corpses. Nobody around me was alive. The positions of the soldiers changed, at this moment in time I decided to go somewhere else," explains the witness. "What happened in Bogoro I don´t know, because when we got there we were inebriated. I didn´t know I was hit by a bullet. I was drunk, and I had smoked cannabis. I didn´t know what was happening..."