ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 1/27 SZ PT 1 1 International Criminal Court 2 Pre-Trial Chamber I 3 Presiding Judge Sylvia Steiner, 4 Judge Sanji Monageng and Judge Cuno Tarfusser 5 Situation in Darfur, Sudan - ICC-02/05-03/09 6 In the case of The Prosecutor v. Abdallah Banda 7 Abakaer Nourain and Saleh Mohammed Jerbo Jamus 8 Initial Appearance Hearing 9 Thursday, 17 June 2010 10 (The hearing starts at 10.06 a.m.) 11 (Open session) 12 THE COURT USHER: All rise. The International 13 Criminal Court is now in session. Please be seated. 14 PRESIDING JUDGE STEINER: Good morning. This hearing 15 is opened. I would please ask the court officer to call the 16 case. 17 THE COURT OFFICER: Situation in Sudan, Darfur. The 18 case, the Prosecutor versus Abdallah Banda Abakaer Nourain and 19 Saleh Mohammed Jerbo Jamus, ICC-02/05-03/09. 20 PRESIDING JUDGE STEINER: Thank you very much, court 21 officer. Before we start, the Chamber has decided that 22 photographers, as is the practice of this Court, may take 23 pictures for one minute, no longer. Therefore, I'll ask the 24 court officer to call the photographers, please. 25 MR KHAN: And, Madam President, while that is being Case No.: ICC-02/05-03/09 ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 2/27 SZ PT 2 1 done, perhaps your Honours could request that the Zaghawa 2 interpretation be looked into. My clients are not getting a 3 translation of what your Honour is saying. 4 PRESIDING JUDGE STEINER: Court officer, could you 5 please check whether there is any problem with interpretation. 6 (Pause in proceedings) 7 MR KHAN: Madam President, it may be obvious, but what 8 is -- what is being heard on channel 4 is Arabic, not Zaghawa. 9 PRESIDING JUDGE STEINER: I am informed by the court 10 officer that channel 4 now is correctly linked to the Zaghawa 11 interpretation and channel 3 for the Arabic interpretation. I 12 would like the Defence, please, to check. 13 MR KHAN: Well, Madam President, I was giving the 14 interpreters a chance to translate, but I was listening on 15 channel 4, and I heard silence. And when I heard translation 16 previously, it was in Arabic. 17 THE COURT OFFICER: Mr Khan, it's consecutive 18 interpretation, so we have to allow a little break, and then the 19 interpretation into Zaghawa will start. So it doesn't go 20 simultaneously as for regular interpretation. Thank you. 21 PRESIDING JUDGE STEINER: If Mr Khan allows me, I, on 22 behalf of the Chamber, I was going to inform all the 23 participants that interpretation into Arabic and into Zaghawa as 24 well will be provided during this hearing. As the 25 interpretation to Zaghawa will be done consecutively, I would Case No.: ICC-02/05-03/09 ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 3/27 SZ PT 3 1 kindly ask all the participants, the patience of all the 2 participants, and the Bench will of course do the same, to pause 3 for approximately five to ten seconds between every sentence 4 they speak. In this way, we can allow the interpreters to fully 5 translate what's being said and thus to have a complete record 6 of today's hearing. 7 So maybe, Mr Khan, we are having just a problem of 8 delay in the Zaghawa interpretation. I would like you to check 9 whether after this reasonable delay interpretation into Zaghawa 10 is being provided. 11 Well, on behalf of my colleagues, Judge Sanji Monageng 12 on my right and Judge Cuno Tarfusser on my left, I would like to 13 welcome you all to this hearing. 14 I would please start asking first the Prosecution and 15 then the Defence to introduce themselves and their teams. 16 Prosecution, please. 17 MS BENSOUDA: Madam President, honourable Judges. The 18 Office of the Prosecutor is represented this morning by Mr Essa 19 Faal, senior trial lawyer; Adebowale Omofade, trial lawyer; 20 Jennifer Schense, cooperation adviser; Shyamala Alagendra, trial 21 lawyer; Victor Baiesu, associate trial lawyer; Pubudu 22 Sachithanandan, associate trial lawyer; Desiree Lurf, associate 23 trial lawyer; and Biljana Popova, case manager. 24 PRESIDING JUDGE STEINER: And yourself? And yourself? 25 MS BENSOUDA: Madam President, your Honours, I am Case No.: ICC-02/05-03/09 ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 4/27 SZ PT 4 1 leading the Prosecution's team. I am Fatou Bensouda, Deputy 2 Prosecutor. 3 PRESIDING JUDGE STEINER: Thank you very much. 4 Mr Khan, please. 5 MR KHAN: Madam President, your Honours, good morning. 6 Mr Abdallah Banda and Mr Saleh Jerbo are represented by Andrew 7 Burrow, legal assistant, and he sits at the back of the Court; 8 by Abeer Hasan, legal assistant, who sits behind me; and with 9 the assistance of our case manager, Mr Anand Shah. My name is 10 Karim Khan. 11 PRESIDING JUDGE STEINER: Thank you very much. Now, I 12 would turn to the representatives of the Registry. 13 MR DUBUISSON: (Interpretation)* Your Honour, thank 14 you. On the Registry bench today we have Anne Aurore Bertrand, 15 who is a legal Officer at the immediate office of court 16 services; Cyril Laucci, who is a legal officer within the 17 immediate office of the Registrar; and myself, Marc Dubuisson, 18 Director of Court Services, representing Silvana Arbia, 19 Registrar 20 PRESIDING JUDGE STEINER: Thank you very much. I also 21 would like to inform all the participants that at the seats 22 behind the representatives of the Registrar, and at the seats on 23 my left, are the legal officers, assistant legal officers and 24 interns of Pre-Trial Chamber I and of Pre-Trial Division. 25 I would like now to turn to Mr Khan. The Chamber is Case No.: ICC-02/05-03/09 ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 5/27 SZ PT 5 1 going to request some details regarding the identity of 2 Mr Abdallah Banda Abakaer Nourain and of Mr Saleh Mohammed Jerbo 3 Jamus. So with your permission, Mr Khan, I would like to ask 4 Mr Abdallah Banda Abakaer Nourain and Mr Saleh Mohammed Jerbo 5 Jamus, who we know, we understand that have a very hard travel 6 to the seat of the Court, long and tiring travel, but I would 7 like both of them, please, to confirm that they are able to 8 answer the questions the Chamber is going to ask them. 9 First, Mr Abdallah Banda Abakaer Nourain. 10 MR BANDA: (Interpretation) Yes, I will answer, God 11 willing. 12 PRESIDING JUDGE STEINER: Thank you. First, I would 13 like to -- first, Mr Abdallah Banda Abakaer Nourain, I would 14 like to answer a number of questions to ascertain your identity. 15 These are basic questions. To answer these questions, please 16 use the microphone before you and speak please very slowly in 17 order to allow the interpreters to make the proper 18 interpretation. 19 You may speak in the language which you fully 20 understand and speak. Please, can you confirm that you speak 21 Zaghawa? 22 THE INTERPRETER: We can't hear the interpretation 23 into Arabic. I'm sorry. 24 PRESIDING JUDGE STEINER: We are having problems with 25 the interpretation from Zaghawa into Arabic. I can hear. Could Case No.: ICC-02/05-03/09 ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 6/27 SZ PT 6 1 I please be informed if the problem has been solved. 2 MR KHAN: Madam President, until it's solved, perhaps 3 your Honours may be so kind as to allow my client to take a 4 seat. 5 PRESIDING JUDGE STEINER: Please. 6 (Pause in proceedings) 7 PRESIDING JUDGE STEINER: Court officer. 8 (Pause in proceedings) 9 PRESIDING JUDGE STEINER: Mr Khan, can we -- they try, 10 please. 11 THE INTERPRETER: Do you hear us in Arabic? 12 PRESIDING JUDGE STEINER: On behalf of the Court and 13 the Chamber, I apologise to all those present here for this 14 hearing. I was informed even that yesterday Trial Chamber II 15 had to suspend a hearing because similar problems. In order to 16 avoid the parties and participants to this hearing to just wait 17 silently here, I'm going to suspend this hearing for 15 minutes. 18 Mr Khan, can you confirm that now it's working properly? 19 MR KHAN: Madam President, it is. 20 PRESIDING JUDGE STEINER: The apologies still stand. 21 So I will turn again to Mr Saleh -- sorry, to Mr Abdallah Banda 22 Abakaer Nourain. I would like to ask you whether you confirm 23 you speak, you fully understand and speak Zaghawa. 24 MR BANDA: (Interpretation) Yes, I do speak Zaghawa. 25 PRESIDING JUDGE STEINER: Thank you. Could you please Case No.: ICC-02/05-03/09 ICC-02/05-03/09-T-4-ENG ET WT 17-06-2010 7/27 SZ PT 7 1 inform the Chamber whether you speak and understand Arabic? 2 MR BANDA: (Interpretation) No, I speak Zaghawa. 3 PRESIDING JUDGE STEINER: Thank you. Could you please 4 confirm your name, your date of birth and your occupation. 5 MR BANDA: (Interpretation) I will tell you my date of 6 birth first.