Tuesday, 18 May 2010 - Former Prosecution Witness 297 questioned on OTP intermediary´s role

Prosecution Trial Lawyer Nicole Samson continues the examination of Witness 297, a former Prosecution witness who claimed to be a child soldier in the UPC. The witness, scheduled to testify against Thomas Lubanga, had given a statement contrary to the Prosecution's position on the use of intermediaries, a point that Ms. Samson wants to explore today.

A name has constantly been mentioned throughout the hearing: Mr. Mbusa, presumably an OTP intermediary who worked with UNICEF in Ituri between 2002 and 2003 and collaborated with the Office of the Prosecutor during the course of the investigations.

Witness 297 tells the Judges that he met Mr. Mbusa for the first time at a checkpoint. At that point in time, the youngster served with the UPC and was responsible for stopping vehicles to check whether they were transporting any military equipment.

The second time Witness 297 saw Mr. Mbusa was by chance, on his way home. The child soldier, using the pretext that he was ill, had requested authorisation to leave the military camp. He wanted to visit some relatives. "On the way, I met Mbuna. He was not able to recognise me, but I could remember him. I asked him if he was the individual who was with the white people [referring to the UNICEF staff]. I explained to him I was one of those soldiers who stopped him at the checkpoint."

As he was wearing civilian clothes, Mr. Mbusa asked him if he intended to abandon the military service. "And at that time, did you wanted to leave the military service?" asks Ms. Samson. "Yes, I thought to abandon, but I didn't," answers the witness. "I said to Mbusa I couldn't leave the military service. He was not happy to see me in those conditions at my age," recall Witness 297.

According to the youngster, children were banned from talking to any UNICEF staff member. "Bosco [Ntaganda] said to us, 'if ever you see some UNICEF vehicles, you are not allow to stop them.' If a white man wanted to speak with us we had to remain silent," says the witness.

General Bosco Ntaganda is the alleged former Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC), the UPC´s armed wing, 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 that 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.

Witness 297 met Mr. Mbusa on another occasion. At that point in time, two white people were in his company. But the child soldier was afraid to tell those two unknown men his story. "I remained silent. I was afraid of saying the name of my commander, of explaining the manner I joined the military. I was frightened of being arrested. They said to me that the work I was doing was not worth it, that they would help me if I wanted to withdraw from the military service."

There were also other meetings with Mr. Mbusa alone.  "I brought him to my aunt´s house, and he discussed with her," explains the witness. "He said he was working with white people from UNICEF and they wanted me to withdraw [from] the military service. They could help me. I could choose to perform any activity I wished; they would sponsor me. My aunt agreed with Mbusa, but I didn´t follow his advice."

"Why didn't you follow his advice?" asks Ms. Samson. "Because my fellows were also there," replies the witness. "I was used to seeing young people of my age in the army. And because at the control roads I collected money and I could keep it for me. That was something that I liked the most." "So, you could make more money in the army than in the way Mr. Mbusa proposed?" asks Ms. Samson. "Yes, that was the reason I didn´t follow Mbusa´s advice, because I could earn money."

Witness 297 would meet Mbusa once again. This time, the child soldier handed over his weapon. It was in 2004. "I confirmed [to] him I had abandoned the military service."

A substantial part of the witness´s testimony has been held in private session for security concerns.

Following the Prosecution´s examination, the Defence of Thomas Lubanga questions Witness 297. As stated previously by Mr. Biju-Duval, the Defence will explore with the witness the role played by the OTP intermediary.

Witness 297 continues his evidence on Wednesday.