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Courtroom 1 2 Situation ICC-01/04-01/06-T-360-Red2-ENG CT WT 13-06-2012 1/70 PV T Hearing pursuant to Article 76(2) (Open Session) ICC‐01/04‐01/06 1 International Criminal Court 2 Trial Chamber I ‐ Courtroom 1 3 Situation: Democratic Republic of the Congo 4 In the case of The Prosecutor v. Thomas Lubanga Dyilo ‐ ICC‐01/04‐01/06 5 Presiding Judge Adrian Fulford, Judge Elizabeth Odio Benito 6 and Judge René Blattmann 7 Hearing pursuant to Article 76(2) 8 Wednesday, 13 June 2012 9 (The hearing starts in open session at 9.34 a.m.) 10 THE COURT USHER: All rise. 11 The International Criminal Court is now in session. 12 Please be seated. 13 PRESIDING JUDGE FULFORD: Maître Mabille, what we propose is that we start 14 straightaway with the witness who is now waiting to give evidence. Once her 15 evidence is concluded, we will have a break so that you can speak with the next 16 witness to establish whether or not we need to consider an application for some form 17 of protective measures. Is that acceptable to you? 18 MS MABILLE: (Interpretation) That is perfect, your Honour. 19 PRESIDING JUDGE FULFORD: Then with the help of the representative of the 20 Registry in Bunia, can the witness please be sworn. 21 (The witness testifies via video link) 22 WITNESS: DRC‐D01‐WWWW‐0039 23 (The witness speaks French) 24 THE WITNESS: (Interpretation) I solemnly declare that I will speak the truth, the 25 whole truth and nothing but the truth. 13.06.2012 Page 1 ICC-01/04-01/06-T-360-Red2-ENG CT WT 13-06-2012 2/70 PV T Hearing pursuant to Article 76(2) (Open Session) ICC‐01/04‐01/06 1 PRESIDING JUDGE FULFORD: Excellent. Thank you. Mr Desalliers. 2 QUESTIONED BY MR DESALLIERS: (Interpretation) 3 Q. Good morning, madam. 4 A. Good morning. 5 Q. We have met before, but I will introduce myself once again. My name is Marc 6 Desalliers, I am a lawyer, and I am going to put a few questions to you today on 7 behalf of the Defence of Mr Thomas Lubanga. Can you hear me very well? 8 A. Yes, I can hear you very well. 9 Q. Madam, can you begin by stating your full name? 10 A. My name is Sifa Magay Alida. 11 Q. What is your date of birth? 12 A. I was born on 5 May 1975. 13 Q. Thank you. I am going to ask you questions on the events that you lived 14 through in 2002/2003. My first question is as follows: What was your occupation 15 in 2002/2003? 16 A. In 2002 I was working as the protocol officer in the presidency. 17 Q. Which presidency are you referring to? 18 A. I worked for President Thomas Lubanga, because in the political party there 19 was the department responsible for the presidency. The political party was divided 20 into two; there was a service for the presidency and a service for the directeur de 21 cabinet, so I worked as protocol officer in the presidency service. 22 Q. Can you briefly explain to us how you got about being appointed to this 23 position? 24 A. Before that, I worked as secretary at the UNTC, that is the National Union of 25 Congolese Workers, so I worked as a secretary in that organisation and then I sent in 13.06.2012 Page 2 ICC-01/04-01/06-T-360-Red2-ENG CT WT 13-06-2012 3/70 PV T Hearing pursuant to Article 76(2) (Open Session) ICC‐01/04‐01/06 1 an application to the political parties, and in my application, I stated clearly that I was 2 working as a secretary somewhere and that I wanted to find work. I received an 3 answer indicating that I would be recruited, but I would begin as a protocol officer 4 and that would change later. 5 Q. Can you tell us when you started working in that position? 6 A. It was in October 2002. 7 Q. And where was your place of service? Where did you work as the protocol 8 officer? 9 A. I worked in the presidential service. 10 Q. Concretely, where was the location? 11 A. If you are familiar with Bunia, there is the EPO field, and it was on the number 12 avenue. I do not remember the number, but the office of the president was located 13 just before you reached EPO. 14 Q. Now, as the protocol officer, what were your duties? 15 A. As the protocol officer, I was responsible for receiving visitors. Once those 16 visitors arrived, there was a particular room, there was a house for them. Then 17 I would come and report to the president that such‐and‐such a visitor had arrived. 18 And if there was a positive answer, that person would be received by the president 19 on the same day. 20 Q. Very well. Madam Witness, can you describe the layout of the presidency? 21 Can you describe those premises for us briefly? 22 A. There was an entire family; there was the president, the bodyguards of the 23 president, the presidentʹs family, children and others. 24 Q. Thank you. Now, you were responsible for welcoming the visitors. Now, 25 can you tell us who were those people who visited the office of the president? 13.06.2012 Page 3 ICC-01/04-01/06-T-360-Red2-ENG CT WT 13-06-2012 4/70 PV T Hearing pursuant to Article 76(2) (Open Session) ICC‐01/04‐01/06 1 A. There were all types of visitors. To begin with, all those who wanted to meet 2 the president, including those who worked for the organisation or those who came 3 from outside, all of them were received without any problem at all, without any 4 discrimination. We also received students, members of the general population who 5 wanted to discuss with him, that is anyone who had grievances to express to the 6 president. We welcomed them. 7 We also received the notables and we even welcomed the members of staff of the 8 office who wanted to speak with the president on appointment. So we did not 9 discriminate at all. We welcomed anyone who wished to meet with the president. 10 Q. At the outset, you mentioned that you received people from the organisation or 11 from outside. What do you mean by that? 12 A. When I talk of the organisation staff, I think this was referring to the people 13 working for the UPC. So apart from the premises where we were, there were other 14 services. There was an entire office or an entire service functioning elsewhere, and 15 those who wanted to meet with the president had to come to the office of the 16 president and we welcomed those people. 17 That is why I described those people as belonging to the organisation because they 18 were members of our political party, and regarding those who came from outside 19 those were members of the general population who wanted to express their 20 grievances to the president, and these people were possibly not members of our 21 political party. That was the distinction I wanted to make between visitors from the 22 organisation and those from outside. 23 Q. Thank you. Now, what were your instructions regarding all those people who 24 showed up at the presidency? 25 A. The instructions that I had received from the president was, first of all, not to 13.06.2012 Page 4 ICC-01/04-01/06-T-360-Red2-ENG CT WT 13-06-2012 5/70 PV T Hearing pursuant to Article 76(2) (Open Session) ICC‐01/04‐01/06 1 discriminate amongst those people who wanted to see the president. Anyone who 2 showed up and who wanted to speak with him had to be received at all times. So 3 there was no distinction at all indicating what type of visitor we had to welcome, 4 whether it was a child or an adult or any person of any rank at all, we were instructed 5 to receive them, to listen to them and then submit a report. 6 Q. You stated that there were notables who came to visit at the presidency. Who 7 were those notables? 8 A. Amongst the notables, there were Lendu notables; there were Alur notables and 9 even Bira elderly men. There were also Hema notables. 10 Q. Do you remember the frequency with which those notables visited the 11 presidentʹs office? 12 A. Regarding the frequency of the visits, I can tell you that there was no particular 13 timetable indicating that those people would be received on such‐and‐such a day. 14 In the event that there was a problem or in case of need those people would be 15 received without problem, whether it was during the day or in the evening. 16 Q. To your knowledge, which was the main reason that prompted the notables to 17 visit the office of the president? 18 A. They came there because during that period we were living through a critical 19 situation. There were attacks in almost every locality. There were problems 20 practically every day. The president had given those people free access in order for 21 them to come and explain the situation in their various localities, and those people 22 came because, to begin with, the presidentʹs main concern was to negotiate.
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