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contribution 37 - GUICHAOUA, André

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Difficulty of testimony


transtlated version

I was about to the speak to Judges but since with Alison Des Forges. I am the witness who has testified the most in a trial I testified for five weeks running and twice and I don’t think there are many persons who have done same. But let me say that one of the accused persons, a lady for that matter collapsed because of intense its of the proceedings and the lawyer collapse and the last same thing happened to me that was 10 minutes after the end of the trial. But let me say that the Judges shoulder responsibility in the length of the trials in the violent nay tour of interactions in the heated or lively nature of proceedings. I’m not going to say anything else. I do not I’m not taking it out of the lawyers but I believe that having testified in nine or 11 trials, the difference the attitude or approach of the Judges was very different and that much I have to say. I’m not going to say anything more in respect of the conduct of proceedings which I’m going to let to the Judges


And that is a smooth transition to me because if we were to look at the question it wore boil down to should a judge be more adversarial, should the judge better exercise control of the proceedings or get involved in the investigations that is what we discussed yesterday and this morning the issue of procedural model used or applicable in the ICTR which is Anglo Saxon based model which is a stepping stone for the ICC and accordingly in the various statements Vice President Khan made some as well as judge Arrey who listed all a flurry of problems in respect of the procedure in place in the ICTR such as lack of default judgements and other issues. So vice president if you wish to say something about this point please feel free.