Monday, 17 May 2010 - Former Prosecution Witness 297: Lubanga´s brother asked me to say I have never been a child soldier

A former Prosecution witness, Witness 297 tells the Judges he received pressure from Thomas Lubanga´s supporters to change his testimony. "Lubanga´s brother told me that once I was here I had to say I had never been a child soldier," says Witness 297. "And were you a child soldier?" asks Counsel for the Prosecution, Ms. Samson. "Yes, I was the bodyguard of [the Chief of Staff of the UPC, Floribert] Kisembo."

Witness 297 was on the Prosecution witness list, but did not testify because of health problems.  Importantly, he had given a statement contrary to the Prosecution's position on the use of intermediaries, and it is for that reason that he is now called by Lubanga´s lawyers.

At the same time, the Prosecution also wants to question him because he still does provide incriminating information. He maintains that he was a UPC child soldier.

"You say that [Lubanga´s brother] Kordo told you to tell the Judges you have never been a child soldier. Do you know if he said this to other people as well?" asks Ms. Samson. "Yes, I know many people," answers Witness 297. "My cousin [for example], he was sent here to tell the Judges that I had not been a soldier."

Witness 297 explains that Kordo, together with the chiefs of various neighborhoods in Bunia, organized monthly meetings to publicly denounce the fact that he was coming to The Hague to give evidence against Thomas Lubanga. The meetings, held in the Simbiliabo neighborhood, were attended by the local population and former UPC soldiers. Witness 297 was also present in the gatherings. "I was introduced to everyone. I explained to them the circumstances in which I was coming here because I was afraid I could be killed," says the witness. "I was afraid of Kordo, of the neighborhood chiefs, of the former soldiers, and the population itself. I was in a dangerous position."

As a result of his collaboration with the Court, Witness 297 was also rejected by his family "They didn´t want to be involved in this matter," he explains. His parents did not allow him to spend the nights at home for fear of reprisals. Some neighbors offered him refuge, but there were others who closed their doors. Some nights, he was forced to sleep in the bush. "Did your family know you were in the UPC?" asks Ms. Samson. "Yes, they know it very well." He claims that his father hides the proof to this day: a photograph of the witness and his friends when they were in the UPC. "I was wearing a military uniform and was carrying my weapon, an SMG."

"Why were the villagers and Kordo against you?" asks the Trial Attorney. "They said ´do not even try to give evidence there. If we are alive today it is thanks to Thomas Lubanga and what he did´," says the witness.

Witness 297 speaks about the circumstances in which he was abducted by the UPC soldiers. The youngster was at school when Commander [Floribert] Kisembo and his men assaulted the building. "I was studying in the second year of primary school. That day there were many of us at the school." All the children, those older and younger than him, both boys and girls, were forced into a vehicle. "I didn´t put up any resistance. Those who refused to get into the vehicle were beaten," recalls the witness. Some of his friends were also forcibly taken away. "We all left in the same convoy. They didn´t explain to us where we were being taken. We asked them, but we didn´t get any answer." The children were off-loaded in the Katoto military camp, where there were other soldiers who had already received military training. "They had military uniforms and weapons."

During his time in the UPC, Witness 297 saw Thomas Lubanga on two occasions. "In Lopa, Thomas Lubanga was in the company of [Floribert] Kisembo." Witness 297 guarded the house where the two commanders held discussions. He also saw him in Bunia, where he escorted him around the town.

Witness 297 continues his testimony on Tuesday.