Protection of “safety, physical and psychological well-being.”

Witness B stated that she felt very vulnerable during her travel to the Court because it seemed obvious she was involved somehow with the tribunal, a fact which in a setting like Rwanda puts witnesses at great risk. She felt the cars she was transported in also stood out. She noted the presence of two men she knew to be Hutus at the site of the Court and grew worried. When she asked about it, she got no response or assurances from the personnel.

The witness stated that investigators had also guaranteed that she would remain anonymous. This was important to her because the accused knew her and she was concerned about retaliation against her family. When she arrived at the tribunal and toured the Trial Chamber, she began to realize that she could not remain anonymous from the accused. She asked about this and her fear was confirmed. As it happens, the accused fell ill the next day and the trial was postponed. The witness has refused to participate further in the trial because she is concerned about her safety and that of her family.

Mr. Okali spoke to this issue in his statement and indicated that the tribunal has done much work around ensuring the safety of witnesses. Mr. Okali’s statement was in response to a question posed by the audience about reports of two persons being killed after they participated in a case before the ICTR. While Mr. Okali stated that investigations did not establish that the people were killed as a result of their testimonies, he did say that there should be an elaborate system of tracking witnesses and maintaining contact with local authorities to help monitor and keep track of possible threats. He also mentioned the alternative of relocating witnesses.

Need for counselling and staff with expertise in trauma.

Witness B stated that when she arrived in Arusha she was placed in a house with another prosecution witness, who was male. She was not allowed to do anything or go anywhere for four days. Because she was having to think about the events that took place during the genocide and she could find no way of keeping her mind busy, she grew very depressed and did not feel well physically.

Witness B specifically requested the assistance of a psychiatrist or counsellor and was told it was not possible to provide one to her. She stated her depression worsened and even upon her return home, it took her a while to be able to work again and provide for her family.

Ms. Ngendahayo later discussed this concern as well and spoke of the need to provide support programs to witnesses and potential witnesses in the tribunal.

Dr. Sharrat noted that victims need support from a clinical psychologist during testimony which was not provided for in the earlier stages of the Tribunal work. The initial request for psychological support for victims at all levels at the ICTY was met with a response that the tribunal was not engaged in “social work” but important legal proceedings.

According to Ms. Lobwein, there have been, in recent years, been some improvements in the Victims and Witness Unit of the ICTY but these seem to have come about more out of a trial and error process than foresight in policy. Ms. Lobwein informed of the different measures taken by the Unit to facilitate better participation by victims and witnesses in the court proceedings. Some of these measures include:

- Twenty-four hour escorting service to support the victims, with four women who speak Serbo-Croatian.
- Attention to issues that may seem like minor details but are very important to the victims.
- A video with information for the witnesses about testifying
- Provision of travel, insurance and medical assistance.
- Back-up service with psychological support, child care service and also service for eventual dependants.