Gender Report Card on the International Criminal ... - YWCA Canada

Trial Proceedings
on Bogoro, which had aired within the first
three days after the attack. Reference was made
to the radio interview by one of the detained
Defence witnesses, 1346 Floribert Ndjabu Ngabu,
during a hearing on 6 April 2011. Similarly, Trial
Chamber II granted the Ngudjolo Defence team’s
request to assist it in obtaining from Voice of
America (VOA) a recorded statement by Thomas
Lubanga Dyilo while he was President of the
UPC in the days following the Bogoro attack,
also mentioned by Ngabu during the 6 April
hearing. The Chamber noted that it was a public
statement that addressed the thesis of the
Ngudjolo Defence, namely that he did not plan
and orchestrate the Bogoro attack. The Chamber
agreed to assist the Defence based on Article
57(3)(b) of the Statute 1347 and its obligation to
ensure equality of arms in the preparation of the
Defence.
Testimony of Germain Katanga
On 27 September 2011, Germain Katanga
commenced his testimony in French, as
discussed in more detail below, by describing
his family and his upbringing. The accused
declared himself to be of Ngiti ethnicity. 1348
He denied any knowledge of the timing of the
crimes, or of their commission. He denied any
participation in the 24 February 2003 attack on
Bogoro. 1349 He testified that on the day of the
attack, he heard the explosions from his father’s
home 90 kilometres away and rode a motorbike
to the health centre to learn information on
the situation in Kagaba. He stated that once
there, he learned of the early-morning attack
on Bogoro. The accused also testified about his
understanding of the word ‘rape’. He stated:
‘That was taboo. When you do that, you die,
completely. You die ... the word ‘rape’ itself, I did
not know it before.’ 1350 This testimony directly
refuted the Prosecution’s charges against him,
which are based on his role as commander of
the FRPI and include charges of rape. 1351 At the
time of writing this <strong>Report</strong>, Katanga had not yet
finished testifying.
1346 As described in more detail in the Protection section of
this <strong>Report</strong>, three detained witnesses applied for asylum
in the Netherlands.
1347 Article 57(3)(b) provides that the Pre-Trial Chamber may
‘upon the request of a person who has been arrested
or has appeared pursuant to a summons under Article
58, issue such orders, including measures such as
those described in Article 56, or seek such cooperation
pursuant to Part 9 as may be necessary to assist the
person in the preparation of his or her defence’.
1348 ICC-01/04-01/07-T-314-ENG, p 23 lines 20-21.
1349 ICC-01/04-01/07-T-318-ENG, p 5 line 6; p 30 line 21.
1350 ICC-01/04-01/07-T-316-ENG, p 45 lines 14-17.
1351 ICC-01/04-01/07-717.
229