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contribution 33 - CONDÉ Aïcha

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Civil law vs Common law - Difficulty of testimony


transtlated version

I would like to answer Florida. I believe that the first difficulty that you faced was the legal system in which you testified. In your system in Rwanda and in my system the witness testifies. He comes. He knows what he has to testify. He testifies. Nobody interrupts him. Then he may be asked questions of enlightenment, questions to explain further from the Tribunal through the Presidents.

Now, questions are put to you and the opposite party cross examines you to have clarification or to test your credibility. What you went through, Defence witnesses also go through it in the same way as you do. And I don’t think it has to do with your personality. It is up to the system. It was up to the Prosecution witness who brought you or the Prosecutor who brought you to warn you about cross examination and some of the stress that it could bring. We are only doing our work. And I assure you that the Prosecutor does the same to our witnesses a hundred fold. I think this should be on the record.


Well, I believe the Prosecution is now becoming the Defence and vice versa.

Madam Migeot.