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

Trial Proceedings
he was in Bogoro during the attack. 1360 The
Chamber determined, however, that ‘there is no
need to delete the transcript of P-159’s testimony
or any of the exhibits that were admitted during
his testimony from the record’. 1361 The Ngudjolo
Defence requested that the Chamber prosecute
the witness for perjury. The Chamber deferred
the initiation of that investigation to the Office
of the Prosecutor, which is vested with such
authority pursuant to the Statute and the Rules.
The Chamber noted that if the Prosecution did
not choose to exercise this authority, it could
request that the DRC submit the case to its
appropriate authorities. 1362 At the time of writing
this <strong>Report</strong>, no action had been indicated by the
Prosecution.
Language of choice for
Katanga testimony
At a hearing on 28 September, Trial Chamber
II issued a decision, 1363 at the request of the
Registry, 1364 to cease translation into Lingala for
the accused based on his successful testimony
in French on the previous day. The testimony of
the accused had commenced in French on 27
September, following a 22 September e-mail
from his counsel to the Court Officer, stating
that he would testify in that language. 1365 In
its request to stop further Lingala translation,
the Registry deemed this language of choice
for the testimony ‘a total surprise taking into
consideration all arguments presented on
this issue’. 1366 The Registry’s filing detailed
‘a selection of submissions of the [Katanga]
Defence concluding that [the accused] was not
able to fully defend himself in French’. 1367 The
Registry sought authorisation to immediately
stop translation into Lingala of the proceedings,
‘which now seems to have become a waste
of resource both human and financial’, and
outlined the measures that it had provided
regarding the translation, including recruitment
and training of interpreters and associated
costs. 1368 The Registry estimated the total cost
of the provision of translation during the
proceedings to total €482,000, plus an additional
€276,000 for use of Swahili-speaking staff or
freelancers.
The language to be used in the courtroom in
the Katanga & Ngudjolo proceedings has also
been the subject of decisions by both Pre-Trial
Chamber I 1369 and the Appeals Chamber 1370
since the Katanga Defence submitted its first
observations on this issue on 23 November
1360 ICC-01/04-01/07-2731, para 4.
1361 ICC-01/04-01/07-2731, para 16.
1362 ICC-01/04-01/07-2731, para 17-18.
1363 ICC-01/04-01/07-T-315-ENG, p 10 line 23-25.
1364 ICC-01/04-01/07-3173.
1365 ICC-01/04-01/07-3173, p 6.
1366 ICC-01/04-01/07-3173, para 1.
1367 ICC-01/04-01/07-3173, para 4.
1368 ICC-01/04-01/07-3173, para 5.
1369 ICC-01/04-01/07-127; ICC-01/04-01/07-539.
1370 ICC-01/04-01/07-522.
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