"I demand the names and presence of those who were raped to come here," said Deng Manyiel, the head judge on a panel of four during the trial's fifth day of hearings. Another judge, Brigadier General Knight Briano, told The Associated Press that if the victims do not identify the accused, there is no legal way they can be convicted of rape or murder.
To date however, witness testimony by four employees of the hotel, who identified four of the accused, has only pointed to charges of looting.
"There's a fear that the rapes and murder won't be proven beyond a reasonable doubt," said Philips Anyang Ngong, a private prosecutor hired by Terrain.
Ngong partially blames the lack of convincing evidence on Internews, an international organization whose journalist was murdered and several members of their staff raped. He said there's been a "complete failure to cooperate" on their part. The prosecution said it has been waiting for supporting documents from Internews that could help shore up the murder charge.
The lead prosecutor told the court that the rape victims are coming "step by step," yet admitted that they still weren't "here yet." Survivors of the assaults say they're not going to testify unless they're guaranteed protection.
"We've been given no assurances or information on the procedures they have in place to facilitate witnesses coming forward," one of the survivors told AP. She said she's been in touch with the FBI who is acting as a liaison between the victims and the prosecution on the ground.
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