Thursday, 4 March 2010- Prosecution shows Defence Witness pictures of UPC top ranks

Private sessions dominate the hearing once again. The Defence has finished with its sixth witness but little is still known about him. Today, the Prosecution cross-examines Witness 26, a former soldier of Thomas Lubanga's Union of Congolese Patriots (UPC).

Ms Struyven shows the witness three photographs. The witness recognizes the first picture. "I know some of these individuals," says Witness 26.  He identifies Floribert Kisembo, Chief of Staff of the Forces Patriotiques pour la Libération du Congo (FPLC), the UPC´s armed wing. He is dressed in military uniform and wears a green hat. "And seated next to him with a blue shirt?" asks Ms. Struyven. "I believe this is Rafiki," replies Witness 26 referring to Rafiki Saba, the UPC Chief of Security.  He is wearing civilian clothing. Behind Rafiki there is a man with a white suit.  "He looks like Thomas," says the witness. "Can you give us the full name?" asks the Trial Lawyer. "Thomas Lubanga Dyilo."

The witness also identifies General Bosco Ntaganda in the picture.  He is the former Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC), and current alleged Chief of Staff of the Congrès national pour la défense du people (CNDP), an armed group active in North Kivu in the DRC. On 28 April 2008, upon request of the Prosecutor, Pre-Trial Chamber I unsealed the warrant of arrest against him.  This was after concluding there were reasonable grounds to believe that from July 2002 until the end of December 2003, he had played a key role in enlisting and conscripting children under the age of fifteen years into the FPLC and had used them to participate actively in hostilities. To date Mr. Ntaganda remains at large.

Ms. Struyven explores further. When and where were these pictures taken? Witness 26 insists that he cannot provide an answer - he was not present at the time. But he does recognise the uniforms the men are wearing.  "The uniforms I can see are the Ugandan uniforms," he says.

Because of constant interruptions during the session, Ms. Struyven´s intentions are not fully clear.. But she refers to a "mutiny" in her next question, suggesting that the picture was taken after a rebellion took place.  Previous Prosecution witnesses testified that the UPC was created in complete secrecy as a result of the July 2000 mutiny of Hema officers and soldiers in the Armeé du Peuple Congolais (APC), the military wing of the Rassemblement Congolais pour la Democratie/Kisangani (RCD/K) led by Wamba dia Wamba, then Governor of Ituri. According to the testimonies, months before the rebellion took place, the young mutineers received military training in Uganda. According to the Prosecution, Thomas Lubanga Dyilo, Floribert Kisembo and Bosco Nataganda amongst others participated in this rebellion in one way or another.

Before the hearing descends into silence once again, Witness 26 tells the court he met Thomas Lubanga's defence lawyers in DRC. "They came and asked me questions, I answered the questions and I continued performing my activities," the witness says. Private session.