Monday, 3 May 2010 - Pieces of a puzzle

Determined to undo what seems to have become a tangled web, Lubanga´s lawyers now challenge the credibility of the participating victims who have testified before the Court. The Defence's evidence shows that the identity of two former UPC child soldiers - Defence Witnesses 32 and 33 - was stolen by an individual, presumably the head teacher of their school and the first participating victim to take the stand in early January.

The Defence calls two UPC child soldiers, Dieudonne Tonyfwa Urochi (Witness 32) and Jean Paul Bejijo Chonga (Witness 33), in an attempt to demonstrate the irregularities in the process of participating as a victim in this case. According to the two school friends, the documents concerning their participation as victims contained their names, but not their signatures. Student cards, school records, transcripts of interviews, and victim application forms were all signed by an individual - refered to as "Mr. P" - on behalf of the witnesses. "[The documents were signed by] the people who replaced us," says Witness 33. They know the alleged impostor: his name was mentioned, but redacted for security reasons.

Mr. Tonyfwa Urochi tells the Court that he met Lubanga´s lawyers through Mr. Dieudonné Mbuna, the Ituri-based defence investigator. Mr. Mbuna was accompanied by the witness´s father and the prefect of Beiju Institute, where both youngsters studied. The name of the prefect is also redacted. "When Dieudonné came to see me, he asked me whether or not I had been in the military service. I said no. I refused to tell him the truth because I didn´t know why he was asking me that question," says Witness 32. "After that meeting I saw him again when he was with some white people. I see one person there." The witness recognizes the Defence Lead Counsel, Catherine Mabille. "On that occasion I told the truth," says the witness, but he remained silent about the alleged manipulation of his victim application and his replacement by "Mr. P."

Jean Paul Bejijo Chonga was also contacted by Mr. Mbuna and the prefect of the Beiju Institute. The first time the Defence investigator visited Witness 33 he was not at home.  "I was told by my family that an individual had come home to visit me. He was seeking information about people who had carried out military service." Mr. Mbuna spoke with the father about the replacement of his son by "Mr. P". "My father told me I had been replaced. I was surprised when I heard that," says Witness 33, who shows his disappointment. The individual involved was also a close relative.

A second visit took place on 13 March 2010. At this time, Mbuna was accompanied by Lubanga´s lawyers. On this occasion, the Defence showed the witness the pictures of those who had usurped his identity. Witness 33 recognised them:  "One of those people had already told me that they had replaced us." In exchange, they received fake promises of studying abroad and getting some aid for their parents; but "we never saw that aid coming," says Witness 33.

At the commencement of the hearing, Lubanga´s lawyers requested to reveal the identities of the three participating victims caught in the eye of this new storm: Witness 270, the head teacher in Mahagi, and the two former child soldiers, Witness 225 and Witness 229. According to Mr. Desalliers, the documents provided to the Defence by the Legal representative, Mr. Joseph Keta, contain "a number of large redactions." In his view, this is "essential information" that must be disclosed to his team in order to better question the next witnesses - 34 and 35 - and to carry out additional cross-checks in the field.

Security concerns, however, are on everyone´s mind. As the Principal Counsel for Victims, Paolina Massida, reminded the Court, the request made by the Defence "could endanger not only the victims concerned but also other victims in this case." "This information must be carefully checked by all the Legal Representatives," says the Counsel, in order to properly assess the security implications that may flow from the disclosure. The Chamber has imposed a deadline to complete this puzzle: 12 o´clock tomorrow morning.