Court Stops Kwoyelo from Appearing in Prison Uniform

Uganda Prisons Service authorities have been barred from producing convicted former Lord’s Resistance Army rebel commander Thomas Kwoyelo in prison Uniform when appearing before the International Crimes Division of the High Court.

The order follows a complaint raised by Kwoyelo Defence Lawyer Caleb Alaka who questioned why prison officials chose to produce his client before the court in a Prison Uniform instead of his usual civilian clothes.

Kwoyelo appeared on Thursday before judges at the ICD sitting at the Gulu High Court during a reparation hearing proceeding while donning the brightly coloured yellow prison uniform, more than a month after being sentenced to 40 years in jail. 

Alaka however noted that having the convict appear in a prison uniform during the reparation hearing was a breach of his dignity and prayed to the court to compel the prison officials to desist from such action.  

“We expect the convict to come to court in such a manner that his minimum dignity is respected. A uniform is ok in the prison setting. This is the first time I have seen a convict being brought to court in a prison uniform. We don’t know the intention; we don’t know whether the Attorney General has confiscated or attached all his suit,”

He added “My lord, we believe we need guidance that when he appears next time, at least let him be dressed the way he has been dressing. We so pray my lords,”

Justice Duncan Gaswaga who attended the court proceeding online questioned the prison officials whether it’s a law or practice for them to produce a convict in court while wearing a prison uniform.

“Is it in the law or is it just their practice? whatever the case, it will be relevant next time when they bring Kwoyelo before this court, he should be properly dressed not in prison Uniform,” said Justice Gaswaga.

Assistant Superintendent of Prison (ASP) Job Musimbi however noted that prison Uniform is mainly to distinguish a convict from others on remand.

Justice Michael Elubu, however, ordered that Kwoyelo be produced in civilian clothes when being brought to appear in court.

“When Mr Kwoyelo appears in this court, he will not appear in prison Uniform,” he ordered.

Kwoyelo was convicted in August this year over war crimes and crimes against humanity he committed while a mid-level commander of the LRA between 1993 and 2005 in the present-day Amuru district. He was sentenced on October 25 to 40 years in jail and currently serving his sentence at Luzira Upper Prison.

The court on Thursday commenced the reparation hearing following an application filed by the victim's lawyers demanding the court’s order compelling the government to compensate victims of Kwoyelo’s atrocities. 

Jane Magdalene Amooti, the victim's defence counsel yesterday told the court that the government stands liable for compensating the victims under International Laws and prayed to the court to issue an order in their favour.  

But the attorney General has denied the responsibility of meeting the obligation of compensating the victims of Kwoyelo arguing it is the primary responsibility of the convict who committed the crime.

Kwoyelo is expected to return to court on December 16 this year when the court issues its ruling on the reparation order.