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

Trial Proceedings
Also Witness 73 testified that his daughter and his
neighbour’s daughter were raped. 1500 During his
testimony, issues arose concerning his credibility,
which remain unresolved at the time of writing
this <strong>Report</strong>. From an analysis of the available public
transcripts of his testimony, the account provided
by the witness about his daughter’s rape does not
appear to have been consistent. In particular, it does
not become clear whether he stands by his statement
that she was raped or whether he considers it to
have been a consensual relationship. 1501 There was
also confusion as to the age of his daughter that had
been raped.
1500 ICC-01/05-01/08-T-70-Red-ENG; ICC-01/05-01/08-T-71-Red-
ENG; ICC-01/05-01/08-T-72-Red-ENG; ICC-01/05-01/08-T-73-
Red-ENG; ICC-01/05-01/08-T-74-Red-ENG; ICC-01/05-01/08-T-
76-Red-ENG.
1501 On 22 February 2011, Witness 73 told the Court: ‘Where it
concerns my daughter, what happened to her, was difficult.
Well it was difficult because we didn’t know who to turn to in
order to complain, to request legal intervention. They seized
my daughter inside the house in order to deflower her, but
that’s not the problem. This was my fourth daughter who had
already a child. Where her attackers were, they were there and
they sent my daughter to go and buy them cakes. You know,
when she left, everything happened there, neither my wife
nor myself could be aware of what could have happened to
her there. Then, everybody should obey them and one of them
ended up sleeping with my daughter. This person visits us
frequently, brought spices, other condiments, which he took
from people and one day he even asked me if I would accept
that he marry my daughter. Well, first of all, he addressed my
wife and it was my wife who told me this. And we thought
that he was still having relations with with – well, no, that
he was still dealing with our daughter but hadn’t – or rather
he was courting our daughter, but that he hadn’t actually
slept with her at that time. It was my wife who gave me this
information. When my wife told me all that, I thought, well,
what can I do These are people who have no concerns. If they
deflower small girls without any scruples, without a care, that
means they can do whatever they want with my daughter.
… When they took her, you know, there wasn’t two or three.
What I wanted to add was that this man came one day to
say that he wanted the hand of our daughter. He was ready
to provide a dowry of more than 500.000 Francs and I said,
jokingly, that I did not refuse, you could take my daughter.
Perhaps this would be an opportunity for me to visit your
country, to see what happens there. I said to my wife, ah,
so it is in this way that he often brings us spices and other
condiments. Is it he who deflowered our daughter In fact,
we have no power. We have no power. We can’t do anything.
And I said to my wife, to not get annoyed, but to remain calm
because we were powerless faced with this episode. This is
what happened to my daughter.’ (ICC-01/05-01/08-T-71-Red-
ENG, p 7 lines 2-20; p 8 lines 6-16).
248
Witness 79 told the Court that she and her
daughter were raped by the Banyamulengue.
She stated that her husband was not at home
when the soldiers arrived in her neighbourhood,
and that as soon as she heard the shelling and
explosions, she put her children in a safe place
in her house. 1502 She told the Court that her
husband was at PK13 during the events and
that he was killed there. She explained that a
Central African man had come running up to
her saying that Miskine and his men had killed
all the Muslims at the cattle market at PK13. 1503
Witness 79 proceeded to explain that when the
soldiers came to her neighbourhood, she and her
daughters were raped:
They pulled me from the bed and
threw me down to the ground, and
they threw me on the ground and
then they undressed me. One of them
first slept with me; the other one had
his gun pointed at my temple. And
the first one, after he’d slept with me
got up and then left. Then a second
man took his place. And two others
entered the bedroom where one of my
daughters was sleeping. She was 11
years old. She was deflowered; she was
raped. This girl who was underage was
raped. The other children who were in
the bedroom wanted to shout, to cry
and shout out, and the soldiers said,
‘Don’t make noise or we will shoot
you.’ So they did their evil deed and
then when they left they looted our
house. 1504
Witness 79 clarified that five Banyamulengue
entered her house, two of whom raped her,
two of whom raped her daughter. She said
they didn’t speak to her when they entered her
house. 1505 The last Banyamulengue had his gun
1502 ICC-01/05-01/08-T-76-Red-ENG, p 54 lines 8-15.
1503 ICC-01/05-01/08-T-77-Red-ENG, p 8 lines 4-17.
1504 ICC-01/05-01/08-T-77-Red-ENG, p 9 lines 6-14.
1505 ICC-01/05-01/08-T-77-Red-ENG, p 10 lines 11-14.