Amnesty Hearings — Bloemfontein — 1997-08-25

PROF DE KOKER: Mr Adriano Cassandro was a member of the United Nations observing mission to South Africa, who observed the adherence inter alia to the National Peace Accord by all political parties in South Africa, who subscribed to that accord.  He was also acting in terms of a Security Council resolution and agreements between South African political parties and the United Nations.
	At the time of the incident he was based in Kimberley.  He was working in close co-operation with the members of the Regional and Local Peace Committee, and with the Regional co-ordinator of the Peace Secretariat for the Northern Cape, Adv Jean Nel.
	Mr Cassandro was also present at the march.  He was seriously injured. His injuries were to such an extent that there was a very big chance that he would lose his foot.  Luckily the doctors succeeded in saving the limb.  Unfortunately he has retained a limp, which he will retain for the rest of his life.  He is one of the victims who was extremely seriously injured. You would notice amongst the 40 to 50 victims there are slighter injuries, but his surely rank as the most serious injuries sustained.
	The fact that Mr Cassandro was a victim was brought to the notice of the Amnesty Committee during the first rounds of hearings in these applications held in March in Bloemfontein.  Mr Cassandro, unfortunately, was not informed of the proceedings this morning by the Truth and Reconciliation Commission.
	Apart from the fact that as a victim, Mr Cassandro has a clear right to be present at the hearing and to give evidence. Mr Cassandro is also a crucial witness to the process. He participated in his capacity as a representative of the United Nations and as a representative of all the parties to the National Peace Accord, but in his capacity as an independent international observer, in all the negotiations in the run-up to the march; all the negotiations, all the guarantees furnished. He participated in the march itself, to monitor compliance with all the guarantees furnished. He was seriously injured, but apart from that, in hospital he also monitored the aftermath of the breach of the National Peace Accord.
	Mr Cassandro himself investigated the matter in order to furnish a comprehensive report to the United Nations.  Therefore I maintain that he is also a crucial witness to this process.  
	The hand-grenade attack did not take place in isolation. The hand-grenade attack took place within the framework of negotiations and agreements reached on the basis of the National Peace Accord.  Apart from that, it would appear as if the attack was also in part an attack on the Peace Committee operating in terms of the National Peace Accord.  
	I maintain, with respect, Mr Chairman, that Mr Cassandro as a victim has therefore a clear right to be informed of the procedure and as a witness should participate in the proceedings. I can perhaps, also mention, furthermore, Mr Cassandro is at the moment stationed in Angola as a United Nations observer to Angola.  He travels apparently regularly to South Africa to the headquarters of the United Nations or to a representative of the regional headquarters stationed in Pretoria, of the United Nations Observer Mission to Angola.
	During the course of last week he was on a brief visit to Pretoria for urgent medical care.  We were able to meet very informally and to speak very briefly on the matter.  Mr Cassandro instructed me to inform you this morning that he would in all earnest want to participate and exercise his rights as a victim, that he was prevented to do so because he has not received communication of the proceedings, and that I was given instructions by him to appear on his behalf only in this matter, and that is to request the Committee to postpone the matter to a further date of which he can be given full notice, and in order to allow enough time for the TRC to furnish him with full documentation, in order to enable him to exercise his rights as a victim and to participate in these proceedings as a crucial witness.

CHAIRPERSON: Has he given you any indication as to what attitude he has towards the application?

PROF DE KOKER: Yes, he has, Mr Chairman.  We were able to show him, as far as I remember, one of the applications, and his reaction after reading it, was that there appears not to be full disclosure of all the relevant facts that he is aware of.

SISI KHAMPEPE: Mr De Koker, are you saying that it is his intention to oppose this application on the basis of there hasn't been a full disclosure?  Are those your instructions?

PROF DE KOKER: My instructions were given on the basis of the few documents that we had at our disposal last week, during a chance meeting in Pretoria. So Mr Cassandro has not had access to the full documentation in front of this Committee at the moment. On the basis of those documents which I showed to him, he indicated very clearly that he wants to participate in this process.  On the basis of the documentation given, it is clear that he would want to reflect on his attitude towards the applications. I do not have instructions at this stage to oppose the application on his behalf.  My instructions are to approach the Committee, to put the matter to the Committee that as a victim he has not been notified of this procedure, that he has a crucial interest in the matter and that he has crucial information to furnish to this Committee. I am sure that after notification and after full documentation has been furnished to Mr Cassandro, he will be able to come to a final decision as to his attitude to the applications. His initial attitude reflected to me that he would consider opposing the applications.
	I might perhaps, also add, that while we are addressing the matter of Mr Cassandro, on the basis of the information which he gave, it is also clear that the evidence which he can submit to this Committee, will also be crucial to the opposition to the application by my other client, Jean Nel.  To the extent that at the moment we do not have access to Mr Cassandro's evidence, because he was not notified of the procedure, it therefore also impinges upon the right or touches on the right of my other client, Jean Nel.

CHAIRPERSON: Thank you.  Mr Mpshe?