Erin's Birthday and Bemba Trial

12 January 2011

Happy Birthday to Erin! What an awesome day. The weather sucked and we were a bit ticked off during the day, but it was also amazing.

The first thing we did was head to the Special Tribunal for Sierra Lebanon—but not, as one would think, to learn about the Lebanon court. This is the site of the Special Court for Sierra Leone where Charles Taylor of Liberia is being tried under joint criminal enterprise for the mass atrocities that occurred in Sierra Leone in the 1990s. Because he never entered Sierra Leone during the conflict, they are using joint criminal enterprise to convict him. He is alleged to have participated in a common plan to export mineral resources. He is alleged to have had military control over the forces that carried out these acts.

Since there are not yet any prisoners for the Special Tribunal for Lebanon yet and the ICC is full, this seems the best location. The UN does not provide financial support for the SCSL, but the court is funded by country contributions. The United States is the biggest contributor, contributing 40% of the budget, with the UK, Netherlands, and Canada also giving significant funds. The court is working on closing after the Charles Taylor appeal phase is over. The highest conviction thus far was for 52 years. The SCSL is also the first international tribunal to take place in the country where atrocities were committed. Since Charles Taylor is such a high profile figure, however, they decided to move his case for security purposes.

Sierra Leone has a Truth and Reconciliation Commission simultaneously as the trials were being held. TRCs are used to write a more accurate version of history after conflict and to prevent future conflict in the region.

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WARNING: If you are triggered by images of violence, please skip ahead to the next set of asterisks
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Today was also the first day that we sat in on the Bemba trial at the ICC. We were able to sit in on a hearing where the witness was a victim whose identity was concealed. Every once in a while they would have to go into a closed session if names were being used, or any information was being used that could cause the public to identify the victim. This is the victim’s right should they choose these protective measures. Often, it is a huge risk for these people to come testify, and they are very afraid to be in the same room as the alleged perpetrator.

It was surprising to see Bemba. He is a large, stone-faced man who peers over his glasses at you from the left of the courtroom during proceedings. He is huge and guards sit on either side of him during court proceedings.

The victim is a woman. Questioning began with the prosecution, with her image and voice distorted to the public. A support person sat by her side in case she needed anything during the proceedings. Victims are allowed a break whenever they need one and can halt proceedings whenever they’d like. She may have as many breaks as she needs.

The story is that the Banyamulenge arrived at her house on 30 October 2002 around 7AM. The Bozize rebels had left the area, and boys were fleeing from the Bnyamulenge. That night, soldiers entered her house. From the bedroom, she could hear her brother yell, “No, no!” before a gun was shot. They withdrew and she heard her brother moan three times before silence. She heard him say, “Thank you, thank you. You’ve killed me. You may go in peace.”

After this information was relayed from her witness statement, the court went into private session in order to use names. When the court reopened, the prosecution was asking her questions. When she realized her brother was dead, she called to her neighbors to take him away. He was covered in blood with his head turned toward the door. The neighbors took him out through the back door and her uncle washed him to take him to PK22. He was bare-chested and the marks of bullets had left large injuries on his back. There appeared to be three marks from bullets.

When the prosecution was finished, the defense told Madame President that they had not been receiving emails and did not have the unedited transcript that the prosecution had been referring to, nor did they have the victim’s application, which had been filed the day before. At this point, they took a half hour break. We had to be at dinner soon thereafter, so we decided to leave and head back in the morning to see the defense present their case.

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After court, we headed to this adorable Colombian restaurant near the ICTY with Flavio and Bryan. The food was really good, and we had an excellent time. The restaurant was family-owned and they really helped to make Erin’s birthday rock. Afterward, we took the tram to Flavio and Bryan’s apartment.

It was the cutest place ever. It was really small, with just a bathroom, small kitchen, living room, and one upstairs bedroom. Perfect for two people. They had a small party for Erin with this incredible Dutch cake and champagne. Everyone had an amazing time. We’ve decided to call Flavio and Bryan “Bravio.” They’re the absolute best.

Off for now!
Mac