UGANDA: ICD JUDGE ASK THOMAS KWOYELIO, “WHAT IS YOUR OPINION ON MATO OPUT”, “NOT IMPORTANT”WAS HIS RESPONSE

Renounced Uganda Law  Caleb Alaka,  walked out at the end of highlight sentences submission  crying as Robert Adango-kulu ICD court interpreted  misguided the former LRA rebels commander Thomas Kwoyelo, gave closed question whether Kwoyelo consider Mato Oput after his release as an important thing in his life, as part of reconciliation remedy.

State prosecutor highlight submission says that Kwoyelo has to serve life imprisonment sentence of 50 years.

GULU CITY-MONDAY 14, 10/2024.

By Okumu Livingstone Langol

The International Crime Division judge asked Thomas Kwoyelo, “to you as a person, what is your opinion on Mato Oput which is the Acholi Traditional Justice System after your release?, Is it important to you”?, The former Lord Resistance Army answered back that it’s not important to him as Kwoyelo.

Justice Stephen Mubiru, Judge of the International Crime Division trial of the former LRA rebel’s Commander Thomas Kwoyelo today Monday October 14, 2024. Drilled him by asking whether he would reconcile with his community after his release, and what are the thoughts of his family including his children, Kwoyelo failed to understand what the question was all about. Instead he answers that as a person, he would not re-consider Mato Oput as important in his life.

Justice Mubiru says you told us that you want to stay with your children; did you ask them that when you go back they are going to welcome you?

Thomas Kwoyelo, told court that he has been in constant talking with his children and they have been attending court sessions as well.

“I have been talking with them when they come to court, they say they want me to go and stay with them and they are missing my present.” Kwoyelo argued.

He further more reason that even his former wives who were part of the state witnesses have been in communication with him, even they have been going to his older brother pleading for forgiveness, and he(Kwoyelo)is also pleading for forgiveness from the people who he has aggrieved.

Thomas Kwoyelo made apologies for the crimes he has committed while serving as LRA former field commander, asking ICD judges to accept his apology. After the conviction court found him guilty of some 53 counts, and he agreed with the ruling, the court should not sentence and send him to long term prison services since he is now 49 years, when he was abducted by LRA in 1987, he has never set foot to his village in Obiya Ngic.

Besides that, because of the advanced ages of his mother who is 101 years old, she needs his care since his father was killed during Internal People Displaced camps.

“I accept all the crimes of murders, abduction, pillages and tortures that I have been convicted for, I apologize to the government of Uganda, the ICD Judges, and all the people who I have done bad to them, the families of those who I have injured, tortured, abducted their children. Because I was under command of LRA chief Joseph Kony, even the words of God, says, if you have repented for the sin you have committed, you have to be forgiven, so help me God.

I want everyone who I have wronged, to forgive me, I also want to benefit from the Amnesty Act like other former LRA commanders” Thomas Kwoyelo aka Latoni pleaded before ICD judges.

At 11.52 AM East African time, Judges of the ICD led by Michael Elubu storm Gulu High Court ICD chamber, walking in as dead silent courtroom, a moment later, Justice Elubu echoed word, and then the Clerk took the microphone introducing the State Prosecutors led by Deputy DDP and the Accused Prosecutors led by Caleb Alaka, Ivan Ocheng, Geoffrey, the Victim counsels present, Amoti Judith Kalanga, Komakech Kilama and the Prosecutors of the Victims, other court interpreters David Labeja, Robert Adonga-kulu, court Assessors, Odongkara Alfred, Ochan Dennis and Ajok Nighty

Justice Elubu says coming up is the highlight of the conviction for the avoidance of doubt we have received the entire highlight, each side will be given 15 munities to present their highlight.

Caleb Alaka rose up and said we have read it, but we have two observations, we have served with submission, we have received two applications and we pray that we need your interpretation to guide us.

Second, we have been facing and seeing where the convict is facing two prosecutions.

Mr. Ivan Ocheng, rose up and said my lord in that respect of the victim we must be guided if there is more conviction.

Justice Elubu, in his ruling said since you have made that appeal; let the court answer those applications there are some implementations given that. “For us you have to make full application and attach to your beanies. Mr. Lindo Owor Ogora the Amicus friend of court have filed his application to be heard on Tuesday and Wednesday this week before the business, we have made the pray judgment on Thursday your case will be there to address the court.

The State Prosecutor highlighted, during sentence the court strike rejoinder, we asked court to allow the court to give higher sentence or lower sentence based on the harms committed during harm conflict. This case is very unique and present many factors, my lord highlight some factors the level of violence during the war, the case of extreme violence which was committed on abductees were being killed before the victims using deadly weapons, the use of torture in Pagak village, the victims hand were tighten behind them.

The victims had guns with short injury bodies, this report of medical doctor, most of those victims who were abducted were children, women and elders, in Pagak alone they were 30 people killed.

The prosecution has noted that this court has taken long since 1992-2005 it covered bigger areas, those are aggrieved factors. This case has a high level of factor of looting; several houses were burnt in Pagak 544 grass thatched houses were burnt, other items looted.

“This really affected the comment about the victims before, during and after the court trail, it’s true that the convict led in the planning attacking people and he was in-charge of taking people to war and it’s true that the convict have committed crimes in his area, the convict had a lot of power and authority over his forces.”

For example, one of the incidence happened in 2005, in that incidence one of the force asked him to inspect the victims before he could kill them because may be some of his relatives were among them, I am praying that appreciation should be put on that, I am aware that the legal regime lack capacity to deal with Transition Justice system for paying the victims who have lost their lives during the arms conflict, let the government look at the reparation re-institution and reconciliation.

We pray that this court should look at justice system to help in reparation, the Amuru District Probation Officer who said community are ready to forgive the convict, and the victims should help them to organize for ”Mato Oput”, The Amuru community intervention in Mato Oput

We pray that the convict should be sentenced for life imprisonment of 50 year for 8 murder counts and cases of torture, pillages, confinement and children abduction, the convict should be given sentence ranging from 30-50 years. The State Prosecutors insisted in their submission.

Counsel Caleb Alaka, rape cases rejected that court is imposing life sentence imprisonment, citing international Tribunal of Rwanda, Yugoslavia and the ICC has not sentenced their convicts to life imprisonment.

Counsel Ivan Ocheing, for court record, I am Ivan Ocheing, I was quiet for a moment, because the Judges were making consultations. He said is highly learned, he respects people when they are doing that.

Says under rule 47, we relied on affidavit under the rule, we cited which is on record, I would like to say for the affected persons abducted, the Probation Officer Amuru District during our outreach report were filed to give us defence, the Probation Officer said the community of Amuru are ready to make reconciliation with the affected community and the convict.

“I wish to point out the modification factor which the prosecutor came out with that the convict should be given life imprisonment, my prayer is that the judge should disregard because the convict has confessed remorseful”.

Caleb Alaka, who adamantly pleaded that trial judges should not let the highlight of conviction be on two cases, pleaded that since Kwoyelo has been on remand for over 16 years, court should set him free.

“I beg that this court should set Kwoyelo free since he has been in remand for over 16 years, and he has a good record according to the Prison Officer’s report.”

Caleb Alaka, the accused Counsel took turn immediately soon after his fellow Accused counsel Ivan Ocheing says, my lord first is on the sentence the International Jurisprudents limitation of War Crimes, crimes against Geneva Convention, crimes against humanity has limitation of jail sentences not exceeding 25 years. The highest sentence is 25 years; this Dominic Ongwen was sentenced 25 years jail bar term.

“From the International prospective the sentence must follow, there is already conviction set by ICC which is very important for accountability of LRA war in Northern Uganda and Uganda at large. What funds is meant for the conviction is going to give Northern Uganda war victims accountability on Juba peace talk. and the abducted children, the war victim’s sexual abuses by both parties in the LRA conflict, kids who were arrested, kids who were killed in the burnt in schools and those still remaining at large under LRA captivities”. Alaka reasoned.

He added, setting of Thomas Kwoyelo free will be precedent for the LRA combatants who are still hiding in Central Africa Republic, DRC Congo and South Sudan, Kwoyelo is going to set example in Uganda.

Kwoyelo was 13 years when he was abducted and taken to the bush, there is evident that he went through torturing the victims although international law against children. But since he was arrested he has not seen life outside prison, look at any opportunity, this opportunity is your defense, we pray my lord that in time state prosecution should not be used against this conviction spend 16 years in remand.

The record indicates that he has never disobeyed the authority while in remand, it has send the messages over Uganda, this is true of Juba Peace talk, the people who went through suffering during IPD camps life and other.

Alaka says the government which should have been protecting Kwoyelo like people in Wakiso district Central Uganda, like you and all Ugandans never did that.

“This is going to be part of mediation of Juba Peace talk and in line of Amnesty Act and Mato Oput; the convict has no property to be attached.”

Justice Michael Elubu, this convict is facing two cases now as you pray, 16 years spent in court should be as part of his sentence, nothing of this Articles should be interpreted to judging the rights of convict, Caleb Alaka, the accused defense counsel ended his 7 minutes highlight.

The Counsel for the victims, Jean Amoti Kalanga rose up to give her highlight.

“I am Amoti Jean Madalena, the counsel for the Victims, on behalf of the Victims, our submission on behalf of the victims and the witnesses before court sentences for reparation, the reparation victims want          re-institution and compensation “Roco kwo ki miyo pwod”

She added, the victims has been convicted on sexual violence a buses, on Geneva Convention murders, child abuses, pillages and  sexual gender based Violence’s.He should be sentenced for 30 years.

The afternoon session court room has steam up to be hotter, forcing Caleb Alaka to jump up, but justice ruled him that he has to wait.

Justice ruled that after Kwoyelo sentence which is going to be on 25^th October 2024. They should submit reparation program details.