Thursday, 11 March 2010 - Defence tries to neutralise prosecution witness

Lubanga´s lawyers call the ninth witness: a school teacher from Bunia in Ituri whose evidence seems to discredit a previous prosecution witness.  Although "his friend´s" links to this case were not public it is likely that his schoolmate testified as a former UPC soldier.  In the opening for the defence´s case, the lawyers advanced their intention to demonstrate that all individuals presented as child soldiers deliberately lied before the court.  "Six of them were never child soldiers; the seventh lied about his age and the conditions under which he was enrolled and the eighth never belonged to the UPC," said lead counsel Catherine Mabille.

Before the witness enters the court room, Ms. Mabille explains her concerns as regards the personal situation of this "vulnerable" witness.  According to the counsel, the witness has lost his job as a result of coming to testify in The Hague.  In order to get his visa and passport, the teacher travelled to Kinshasa where he stayed for more than 20 days.  The trip was supposed to take place during the Christmas holiday, but this did not happen. However,the witness returned in Bunia in mid January and nobody had informed the headmaster about the reason for his absence.  By the time the witness had returned, somebody had already replaced him.  Since that trip, the witness no longer receives a salary.  "The Court should do everything possible to get the witness reaccepted in his job.  I feel really uncomfortable," said Ms. Mabille during yesterday´s hearing.

The ninth witness comes into the room.  He looks decisive, confident.  With a hand in his pocket, he struts  to the witness box, smiling at the defence team sympathetically.  He grins from ear to ear, looking proud to be before the Court.

"I was about to say don´t feel nervous, but I don't think I need to," says Judge Fulford.  His words amuse the participants.  The witness moves his microphone closer; he is ready.  "Could you tell us your name?" asks Ms. Mabille.  "Nobirabo Todabo DienMerci," he replies.  The witness is testifying without protective measures.

He was born in Bunia in 1989 and belongs to the Bira ethnic group, one of the main communities in Ituri.

Ms. Mabille shows the witness a photograph.  It looks like a printed copy of someone's passport photo.  The documents must remain confidential so the  Chamber wants to proceed in private session.  The blinds behind the witness are put down to ensure that the audience in the public gallery cannot identify the individual.

"We are now going to talk about your friend," says Ms. Mabille, interrupting the silence.  Mr. Nobirabo tells the court that during the academic year of 2002-2003 - the indictment period - he had to interrupt his school attendance as a result of the war.  "When the war broke out I fled.  I came back to Bunia when the peace returned, for the final examsat the end of June," says the witness.  "The whole population of Bunia fled to seek refuge elsewhere."

"What did your friend do in the course of that academic year?" asks Ms. Mabille.  His friend, probably the individual in the picture, sought refuge in Geti "not far from Bunia," says the witness.  "He joined the army in that village.  The majority of the people living in Geti are Ngiti.  They have an armed group called FRPI [Force de Résistance Patriotique en Ituri]," explains the witness.  The Ngiti armed group was allegedly commanded by Germain Katanga, charged by the ICC with war crimes and crimes against humanity committed during the attack on Bogoro village on 24 February 2003.

According to the witness, some traders involved in smuggling told him "very clearly" that his friend had joined an armed group.  He recounts one occasion on which they met by chance in Bunia.  "At that time the town was safe," says the witness.  "The ARTEMIS [UE peacekeepers] were there and militia members came to Bunia to demobilise.  On that occasion his friend was wearing civilian trousers but a camouflage t-shirt.  "That time I was convinced he was part of an army," says the witness.

Mr. Nobirabo's testimony only lasts a short time.  The prosecution has only needed two questions to clarify whether the witness belonged to any armed group - something the witness denies - and the time period they studied together: "only in 2001 to2002."