Global Politics
UGANDA: FORMER LRA COMMANDER THOMAS KWOYELO ICD JUDGES FOND HIM GUILTY ON 44 COUNTS CHARGES, DISMISSES 31 COUNTS
The victors take it all. Thomas Kwoyelo, Dominic Ongwen pay the weight of crimes committed in North-Eastern Uganda as both have been convicted for war crimes, crimes against humanities and murder under article 3, of Geneva International Convention.
Photo By Okumu Livingstone Langol
GULU CITY-TUESDAY AUGUST 13, 2024.
By Okumu Livingstone Langol
International Crimes Division showed course by convicting the former field commander of the Lord’s Resistance Army (LRA) Thomas Kwoyelo on 44 counts charges, while dismissing 31 counts charges, Justice Michael Elubu ruled on Tuesday, August 13, 2024.
Reading the verdict, Justice Michael Elubu, head of judges of International Crimes Division (ICD), Uganda Jurisprudent says Thomas Kwoyelo was found guilty of Murder as a crimes against humanity, Murder as a violation of Article 3 of Geneva convention, Pillage, Cruel Treatment and outrages against personal dignity 3 (1)(a) Common to Geneva Conventions.
Torture, Imprisonment, Rape, Enslavement, and Violence to life and person and under inhumane acts as crimes against humanity pursuant to customary international law.
“Lady and gentlemen, the Assessors advised the court to find the accused guilty, we have found the accused guilty on 44 counts, the accused was charged with pillage crimes against Geneva article 3 of international convention, war crimes, crimes against humanity and domestic crimes under Uganda penal code.” Justice Elubu read the judgment before the media fraternity.
Justice Elubu, asked the state prosecutor to comment, soon after ruling and convicting Thomas Kwoyelo.
George William Byansi, the Deputy DPP, lead prosecutor in his remarks, says.
“This a moment that the accused has been found guilty, my Lord, the rule of this court that gives factor and ruling to be made to the find conviction, there should be proportionate to the crimes and offense and under offense was committed. My lord this court requires to take into consideration and women of Acholi community, those people are not housewives of the accused person. We therefore, ask on trial to the jurisprudent to extend the proceeding jurisprudent to manage the punishment for justice.” George William Byansi commanded justice, Judge Michael Elubu for a job well done.
He further says, with the accused sentence we are preparing for one month from now. Because three sides have to be visited, each will take one week, concluding his pleas.
Charles Dalton Opwonya, led Lawyers of the accused Thomas Kwoyelo, just nods his head, and says my Lord, from the side of defense counsels, Counsel Clab Alaka, will say something.
Defense Counsel Clab Alaka stood up and said. My lord, the issues to give prays, introducing himself, I am Clab Alaka; we are of the view that the law success of by the learned Deputy DPP will not be enough for the following reasons:
My lord, whether court sentenced, we are oblique under rule 244 to guide court on some precedent in such a way that the rule is framed in such a manner and the success mitigation to the manner and the issues we want to address to the court.
“My lord, at this stage we have not read the detailed judgments, we are not ready to address the court, whether the court has in line with the assessors, how they read with the Assessors position is right. We don’t have a picture of how soon we are going to have the judgments. My lord, we oblique this court to reach mitigation factors. In the sentence we objective factor the investigation of prison officers, the social factors of the accused. My lord, the rules also provide that trial court to fulfill the mitigation, the state prosecutor file their mitigation, and defense counsel also file their mitigation of record.” Clab Alaka pleaded.
Clab Alaka adds both should go for outreach in Amuru district particularly places where the accused hail from and prepare the victims, my lord we pray to this court that this court will give us five weeks, we want the following:
First, the court ordered the probation officer of Amuru district to make a report on the social background of the accused.
Secondly, we shall also request for an order on the convict who has been on this court for 17 years, the accused has been in the trial.
Thirdly, we seek for the leave of this court to grant us the mitigation on administration issues, my lord, called off this difference issues defense addition request for the court.
Justice Michael Elubu, ruled that the first status conference will be held on Friday, August 16, 2024 at Bomah Hotel in Gulu, both defense teams and state prosecutors agreed.
International Crimes Division mooted early in their press release that in Kampala, Uganda-on the 13th August 2024, at 12: 00Noon, (EAT) the Trial Panel of the International Crimes Division of the High Court (ICD) shall deliver the judgment in the case counts of Uganda=Vs= Kwoyelo Thomas alias Latoni on the Conviction or acquittal pursuant to 78 counts in the indictment.
The court will arrive on its verdict based on the presented from the several witnesses, the accused person Thomas Kwoyelo alias Latoni is presumed innocent until proven guilty, beyond reasonable doubt.
Case notes
The high-profile case of Thomas Kwoyelo, an alleged former commander of the Lord’s Resistance Army (LRA), has reached a significant milestone with the conclusion of this trial. Below is the detailed procedural history of the case; outlining the key vent and legal proceedings leading up to the current status.
Capture and initial proceedings
On March 3, 2009, Thomas Kwoyelo was captured by the Uganda People Defense Forces (UPDF) in Garamba National Park, Democratic Republic of Congo. He was subsequently detained at the upper Prison, Luzira, in Uganda. While in detention, on January 12, 20010, Kwoyelo declared his renunciation of rebellion and applied for amnesty of the Amnesty Commission.
On March 19, 2010, the Amnesty Commission forwarded Kwoyelo’s application to the Director of Public Prosecution (DPP) for consideration under the Amnesty Act. Despite this, on September 6, 2010, the DPP charged Kwoyelo with various offenses under the Geneva Conventions Act, at the Chief Magistrate’s Court at Buganda Road in Kampala. He was later committed for trial at the ICD on the High Court on an amended indictment containing 50 counts.
Constitutional Challenges
On July 11, 2011, Kwoyelo appeared before ICD and requested a constitutional reference. In Constitutional Petition No. 036/11, the Constitutional Court examined whether Kwoyelo’s treatment was discriminatory and inconsistent with Uganda Constitution and International Obligations. On September 22, 2011, the Constitutional Court ruled in Kwoyelo’s favor, ordering the cessation of his trial.
However, on April 8, 2015, the Supreme Court, in Constitutional Appeal No. 01 of 2012, overturned this decision, affirming that the Amnesty Act did not impede the DPP’S prosecutorial powers and was consistent with Uganda’s Constitution and International obligations. The Court found no discrimination against Kwoyelo.
Indictment and confirmation of charges
Following the Supreme Court’s ruling Kwoyelo was arraigned before the IDC on March 14, 2017. The DPP amended the indictment on January 25, 2017, increasing the counts to 93, including charges of crimes against humanity and grave breaches in Violation of Article3 Common to The Geneva Conventions.
On August 30, 2018, Lady Justice Susan Okalany of the ICD confirmed all charges against Kwoyelo, finding substantial to believe he was responsible for the crimes. Kwoyelo was committed to the Trail Panel on these charges.
Trial Proceedings
Kwoyelo’s trial commenced on November 12, 2018, at the High Court of Uganda in Gulu. The prosecution presented 53 witnesses, and on December 18, 2023, the Trail Panel determined that Kwoyelo had a case to answer for 77 of the 93 counts. The defense began on April 15, 2024, presented four witnesses, the trial concluded on May 8, 2024.
Recent Developments
On July, 23, 2024, the law up of the law and evidence to the assessors in the case took place. The assessors were given three categories of the offenses to render their opinion on: violations of the Geneva Conventions: Violations of Customary international law: alternate charges under the Panel Code Act.
The assessors in the case-Mr. Odongkara Franklin, Mr. Ocen Daniel, and Ms. Ajok Nighty- provided their opinions on August 2, 2024, based on the evidence. The assessors rendered their opinion to the Chamber and advised the panel to find the accused “Guilty” on most of the counts. The breakdown of the various charges includes
Inclusion of the ruling Justice Michael Elubu, read is verdict, says the trial of Thomas Kwoyelo has now reached its final stages, with the court having heard extensive evidence from both prosecution and defense, along with the assessors’ opinions: the legal proceedings have been rigorous, reflecting Uganda’s commitment to upholding justice and international legal standard.
Therefore, the judges presiding over this case, Michael Elubu, Dancan Gaswaga, Stephen Mubiru, and Andrew Bashasiji, shall deliver their judgment.
