Court Convicts Ex-LRA Commander Kwoyelo of War Crimes

The International Crimes Division of the High Court has convicted former Lord’s Resistance Army rebel commander Thomas Kwoyelo alias Latoni of war crimes and crimes against Humanity.

Kwoyelo was found guilty by the court for committing 44 out of the 78 counts he was indicted in a long-awaited verdict delivered on Tuesday at ICD sitting at the Gulu High Court in Northern Uganda.

The crimes include murder, pillaging, outrages to personal dignity, enslavement, rape, cruel treatment, and torture committed between 1993 and 2005 in Kilak County, Present day Amuru District.

The judgement was delivered by a trial panel of four judges comprising Justices Michael Elubu, Duncan Gaswaga, Stephen Mubiru, and Andrew Bashaija.

Justice Elubu in a ruling acquitted Kwoyelo of three counts relating to murder in contravention of Article 3 common to the Geneva Convention and Articles 188 and 189 of the Penal Code Act.

He also dismissed 31 alternate charges under the Penal Code Act on which Kwoyelo had already been convicted.

Kwoyelo’s trial commenced in November 2018 and since then a total of 53 prosecution witnesses were presented to pin him on the indictment. He is the first senior LRA commander to be found guilty in a domestic court in Uganda for crimes related to the bloody LRA campaign in Northern Uganda.

William Byansi, the State Prosecutor told the Court Tuesday that they appreciate the extent to which the court had reached in the trial of Kwoyelo calling it a moment they had all been waiting for a long time.

Byansi however asked the Court to grant the prosecution one month to make submissions concerning the determination of the sentencing of Kwoyelo.

“We are therefore asking the court for time for adjournment, to enable us to prepare a detailed brief for the most appropriate sentence. My lords, in consultation with my colleagues in defence, we are proposing one month,” says Byansi.

Caleb Alaka, Kwoyelo’s defence lawyer notes that they still intend to read the detailed judgement of the court before making a mitigating statement.

“We do not have a picture of how so we shall get that judgement. In addition, my lords, we oblige under the law to make submissions on mitigating factors. Because my Lord's court in sentencing the court will take into consideration mitigating factors and aggravating factors,” Alaka submitted. 

Alaka however prayed to the court to grant the defence the opportunity to file their mitigating statement on oath.

Other prayers the defence placed before the court are an order for the probation officer of Amuru district to make a report on the social background of the conflict, an order compelling the Uganda Prison to report on the conduct or how the convict has been in all these 17 or 16 years.

The victim’s counsel on their side equally asked for time to make observations in as far as sentencing is concerned arguing that they also need time to reach the victims of crime in a way of outreaches.

Justice Elubu, noted that the court has listened to the prayers of the defence, victim and prosecution adding that a detailed copy of the judgement will be delivered by Friday. Elubu consequently adjourned the matter up to the status conference which is slated to be convened by Tuesday next week.

Kwoyelo has been behind bars at Luzira Maximum Prison since 2009 following his capture by the Ugandan army in the Democratic Republic of Congo (DRC) on March 3, 2009. 

Kwoyelo held several positions including commander of Operations, Director of Military Intelligence and In-charge of all Sick Bays and rose to the rank of colonel.

Prosecution contends that most of the time during his operations, Kwoyelo was based in Kilak Hills located in the present-day Amuru District and his area of operation covered the whole of Kilak County. He was a subordinate only to the overall leader of the LRA, Joseph Kony whom the International Criminal Court (ICC) has charged with 33 counts of war crimes and crimes against humanity.