home > SESSION 3 > 35

contribution 35 - MUNA Bernard Acho

français english


Position of victims in proceedings - witnesses

Bernard MUNA

original version

I shall be very short. I just wanted to say that the problem raised by the witness is not solved by the recognition that this system is like this or this system is like this. I think that one of the good things that come out of here is to recognise that we must build a system that will bring a proper enquiry to bring out the truth and at the same time respect the dignity. I think the story of this Rwandan lady is sad. To say that the system allowed it is not a comfort to her.

That’s why, as I said to my English speaking friends, I saw that the inquisitorial system maintained a balance between all the witnesses and maintained a balance between the dignity of the persons; whereas sometimes in the accusatorial system if you bring up the certain demagogy of certain lawyers, they attack the person instead of looking at the process.

I think that one of the things that we can come out of here if we really want to look at the system that we operate is to accept that it is inacceptable that a witness be subjected as the way the accusatorial system subjects a witness as if there was a wall between or something particular of that witness. I think it is a good thing that our procedure be looked at in the light of maintaining at all times the dignity of all the witnesses, whether you are of the Defence or the Prosecution. Thank you.


Vincent Lurquin, André Guichaoua et après, vraiment, je laisse la parole aux Juges. Je suis vraiment désolé, mais je voudrais qu’ils s’expriment.