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

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Trial Proceedings<br />

Prosecuti<strong>on</strong>:<br />

Q Thank you, Madam Witness. For how<br />

l<strong>on</strong>g did <strong>the</strong> Banyamulengue rape you<br />

A<br />

Q<br />

A<br />

I d<strong>on</strong>’t know.<br />

Thank you. And did you c<strong>on</strong>sent to any<br />

of <strong>the</strong>m<br />

I did not give my c<strong>on</strong>sent. I gave birth to<br />

a child <strong>on</strong>e week before <strong>the</strong>n, <strong>on</strong>e week<br />

before <strong>the</strong>y raped me.<br />

The interpreter:<br />

Correcti<strong>on</strong>: One -- it was <strong>on</strong>e week after.<br />

Prosecuti<strong>on</strong>:<br />

Q Thank you, Madam Witness. And I<br />

would like you to clarify. You’ve just said<br />

you had given birth. Was it before <strong>the</strong>y<br />

had raped you or after <strong>the</strong>y had raped<br />

you<br />

A<br />

Q<br />

I had already given birth. I had <strong>the</strong> baby<br />

when <strong>the</strong>y slept with me.<br />

And did you tell <strong>the</strong>m that you had<br />

recently given birth<br />

The witness stated that her husband tried to<br />

intervene by speaking to <strong>the</strong> Banyamulengue in<br />

French, but that he remained silent after <strong>the</strong>y<br />

threatened him. She said, ‘<strong>the</strong>y told him that if<br />

he tried anything <strong>the</strong>y would kill him, and he<br />

<strong>the</strong>refore had to remain outside and be present<br />

during <strong>the</strong> event’. 1465 She also stated that her<br />

children, her paralysed mo<strong>the</strong>r and her bro<strong>the</strong>r<br />

were in <strong>the</strong> house while she was raped. She<br />

told <strong>the</strong> Court that when her bro<strong>the</strong>r tried to<br />

intervene, <strong>the</strong>y threw him <strong>on</strong> <strong>the</strong> ground and<br />

beat him. 1466 She stated that also her fa<strong>the</strong>r,<br />

mo<strong>the</strong>r and sisters had been raped. 1467 The<br />

witness also recalled that her husband had<br />

rounded up her children <strong>the</strong> day after she was<br />

raped, left <strong>the</strong> house without giving a reas<strong>on</strong><br />

and never returned. She stated: ‘He said that he<br />

wanted to go away and not return.’ 1468 Although<br />

her husband did not give a reas<strong>on</strong> for his<br />

departure, <strong>the</strong> witness stated that she thought<br />

this was because she was raped. She stated: ‘He<br />

thought that <strong>the</strong> Banyamulengue had sullied<br />

me.’ 1469<br />

A<br />

Q<br />

A<br />

Q<br />

Since I didn’t speak Lingala, but my<br />

husband told <strong>the</strong>m that I had a baby, he<br />

was -- <strong>the</strong> child had just been born.<br />

Thank you, Madam Witness. Did you<br />

sustain any injury as a result of <strong>the</strong><br />

rape<br />

Yes, of course. I had just given birth.<br />

They slept with me and I bled.<br />

Madam Witness, how did you feel while<br />

<strong>the</strong>se Banyamulengue were raping you<br />

244<br />

A<br />

My pelvis hurt after <strong>the</strong> injuries of<br />

giving birth because I just -- I was<br />

powerless. I just had two hands <strong>on</strong> my<br />

head and <strong>the</strong>y did what <strong>the</strong>y wanted to<br />

do.<br />

The interpreter:<br />

Correcti<strong>on</strong>: The two hands underneath<br />

<strong>the</strong> head. 1464<br />

1464 ICC-01/05-01/08-T-55-Red-ENG, p 10-12.<br />

1465 ICC-01/05-01/08-T-55-Red-ENG, p 13 lines 6-17.<br />

1466 ICC-01/05-01/08-T-55-Red-ENG, p 14 lines 22-25; p 15<br />

lines 1, 8-9.<br />

1467 ICC-01/05-01/08-T-55-Red-ENG, p 14 line 3.<br />

1468 ICC-01/05-01/08-T-55-Red-ENG, p 16 lines 8-19.<br />

1469 ICC-01/05-01/08-T-55-Red-ENG, p 16 line 19.

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