Thomas Kweyelo has been in custody for 14 years without trial. Photos by Brian Komakech
By Brian Komakech
Gulu
Former Lord’s Resistance Army (LRA) rebel Commander Thomas Kwoyelo Alias Latoni has been in custody for the last 14 years since his capture in 2009 by the Ugandan Army from the Democratic Republic of Congo (DRC).
He arguably remains one of the longest suspects in the country and globally in detention while facing trial on allegations of committing war crimes and crimes against humanity.
The former rebel commander was indicted by the International Crimes Division (ICD) of the High Court of Uganda with 93 counts of charges of war crimes and crimes against Humanity he allegedly committed between 1992 and 2005 in Amuru district.
The court, however, on December 18 last year acquitted him of 15 charges and put him on defence to answer the remaining 78 charges relating to enslavement, imprisonment, attempted murder, rape, torture, inhumane act, murder, outrages against personal dignity, violence to life and person, cruel treatment, and pillaging.
Over the weekend, the ICD commenced outreach activities in the hotspot areas of Lamogi, Pabbo, and Parubanga Sub-counties all in Amuru district where Kwoyelo is accused of committing human rights violations in preparation for Kwoyelo’s defence trial. This comes just a month after the court ordered Kwoyelo to put up a defence on his alleged crimes.
The outreach team consisted of ICD Judges Justice Richard Wabwire, Justice Susan Okalany, Deputy Registrar of the ICD Juliet Harty Hatanga, Kwoyelo’s defence lawyers, the prosecutors, and Victim’s counsel Henry Komakech Kilama.
Hatanga told victims of the LRA war in one of the outreach visits in Abera village, Obiya Ngic Sub-ward in Parubanga Sub-county that the visit was to update the community on the status of the trial of Kwoyelo and also to get feedback about the court proceedings.
Hatanga told the community that the court had already entered the last phase of the proceeding in which Kwoyelo had to present his defence in court, months after the prosecution concluded its case.
“As a court, we must give feedback to the community to understand the court proceeding,” Hatanga said.
What made the trial delay?
Kwoyelo’s trial commenced in 2018 before the ICD’s four-panel members of justices but has dragged on for years.
However, over the weekend, Justice Suzan Okalany apologized to the community in Amuru district over the delayed trial of Kwoyelo describing it as unfortunate.
Justice Okalany was one of the judges who presided over Kwoyelo’s pretrial hearing that led to the confirmation of 93 charges of war crimes and crimes against humanity.
“I want to apologize from the bottom of my heart on behalf of the government of Uganda, not just the judiciary for the delay of the trial of Thomas Kwoyelo because it’s a very shameful thing for us as the court, I can’t cover it up in any way, it’s impossible,” Okalany said.
She explained the trial of Kwoyelo was delayed owing to several factors that included limited resources and the lengthy appeal case in which the Director of Public Prosecution (DPP) challenged a court ruling in favour of Kwoyelo’s amnesty.
In 2011, Kwoyelo petitioned the High Court of Uganda, stating that it was discriminatory and unconstitutional for the DPP and the Amnesty Commission not to grant him a certificate of amnesty while the same had been granted to other former LRA commanders.
About 26,000 former fighters of various rebel groups had by the time benefited from Amnesty.
The Constitutional Court ruled that Kwoyelo was discriminated against by being denied amnesty and should be released, but the decision was later overturned in 2015 by the Supreme Court on appeal by the DPP.
According to Okalany, the appeal took years before the case was returned from the constitutional court to the ICD for trial.
“The constitutional court decided that it was erroneous to forgive those commanders and asked us to try Kwoyelo. When we resumed the court hearing, several other things caused delays but one of them was resources,” said Okalany.
She also noted that the Coronavirus (COVID-19) pandemic brought court proceedings to a standstill for a long period.
Human resource challenge
Justice Okalany said the court suffered a great challenge of human resources and noted that the appointment of a new Deputy registrar of the ICD has since changed the trajectory of the case.
Last year, the court-appointed Her Worship Juliet Harty Hatanga as the ICD Deputy registrar and replaced Beatrice Stella Atingu.
“The posting of her Worship Hatanga Juliet to the Division has changed everything for us. That’s why I told you that resources are not only financial but also human resources,” She told the locals.
Justice Richard Wabwire, however, noted that while the case had been delayed, it has now reached one of the final phases before it is concluded by mid this year.
Justice Wabwire told victims of the LRA conflict that the delays were not the failure of the court to expedite the trials but due to the meagre resources.
“Subject to the availability of resources and God is on our side, the matter should be closed mid-this year,” said Justice Wabwire.
50 witnesses to defend Kwoyelo
Caleb Alaka, Kwoyelo’s Defence lawyer told the court on Friday last week during the mention of his client’s case in Gulu that their client intends to present about 50 defence witnesses.
He noted that the defence team needs three weeks to prepare and identify their defence witnesses before disclosing the witness statements to the DPP and the Victim counsel by January 31, 2024.
According to Alaka, the defence team will participate in a defence-led outreach in areas of Lamogi and Parubanga sub-counties where they anticipate documenting statements from witnesses in their client’s defence.
Since Friday, the team from ICD along with defence lawyers, prosecutors and victim’s counsel visited Abera village in Obiya Ngic ward in Parubanga Sub-county, Pabbo Town Council and Pagak Parish, in Lamogi Sub-county, the ancestral home of Kwoyelo.
Victims unhappy with delayed trial
Victims of the war however expressed dissatisfaction with the government for keeping them waiting for over a decade without concluding the trial of Kwoyelo so that they get justice.
Sisto Okwera, one of the victims of Kwoyelo’s alleged crimes said he is unhappy that the trial has taken a very long yet he is still suffering from the brunt of the torture while in captivity.
Okwera also alleged that he suspects his life is in danger in the community being one of the victims who are coming up to testify against Kwoyelo and asked for security.
Bosco Ociti, another victim and resident of Obiya Ngic Sub-ward in Parubanga Sub-county called on the court to expedite the trial to ensure peace returns among the victims and suspect’s clan mates.
He said the two clans have since been at loggerheads following the trial adding that the conclusion of the case will ensure harmony.
Kwoyelo is the first senior LRA Commander to face trial at the ICD, a special Division of the High Court of Uganda established in July 2008.
The prosecution alleges that between 1987 and 2005, Kwoyelo was at all material times a member of the LRA, an organized armed faction that engaged in fighting the Government of the Republic of Uganda.
Kwoyelo held several positions in the LRA and it is reported that between 1992 and 2005, he was the commander of Operations, Director of Military Intelligence and in charge of all Sick Bays and was subordinate only to the overall leader of the LRA, Joseph Kony whose whereabouts is scanty.
