Arusha, November 25, 2003 (FH) – The 30th prosecution witness Tuesdayclaimed before the International Criminal Tribunal for Rwanda (ICTR), thatin April 1994, soldiers and Interahamwe militia had been ordered to shootrefugees in the ear to make sure they died. The witness code-named “DBJ” to protect his identity, is a member of areligious order, the Josephite Brothers based in Nyamirambo, a popularsuburb of in Kigali.

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He was testifying for the second day in the trial of four senior armyofficers in the former Rwandan army (ex-FAR) who are accused of genocide andother related crimes. The so-called “Military trial” groups together the former director ofcabinet in the ministry of defence, Colonel Theoneste Bagosora, GeneralGratien Kabiligi, former head of military operations of the army, the formerarmy commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva,and Major Aloys Ntabakuze, former commander of Kanombe Para-militarybattalion based in Kigali. DBJ said that the massacre took place at St. Famille, a church compound inthe city centre where hundreds of people had taken refuge between April andJuly 1994. The witness declared that even though it was not the first time that peoplewere abducted form the compound and killed, the incident in question wassparked off by a commando raid by soldiers of the then rebel group, TheRwandese Patriotic Front (RPF) on the neighbouring St. Paul compound. The commando made the raid in late June 1994 to rescue refugees who werethreatened by soldiers and militias. “All of them were shot in the side of the head, Many of them were given acoup de grace as they lay on the ground”, said the witness. Later in the session, Paul Skolnik, Bagosora's co-counsel, came back toallegations made on Monday by DBJ concerning his witnessing the rape of ayoung Tutsi girl by a soldier. Skolnik alleged that while the witness had declared in his witness statementthat he had witnessed the act lying down under a tree, he had said in courtthat he had witnessed it from a room. “I either told investigators many things that they might have been confused,or it is the fault of the translators”, the witness answered in defence. DBJ had declared in court the previous day that the soldier had done it“right there in front of us. When he finished, he killed the young girl anddragged her body outside”. After DBJ had finished giving evidence, prosecution called its 31st witnesscode-named “CJ”, but the whole of his testimony was done in camera. The trial continues on Thursday. Wednesday is a public holiday in Tanzania. Trial Chamber One of the ICTR, composed of judges Erik Møse from Norway(presiding), Serguei Aleckseievich Egorov from Russia, and Jai Ram Reddy ofFiji, is conducting the trial. KN/CE/FH (ML'1125e)