Kwoyelo’s Victims Worried Appeal Against Reparation Could Delay Justice

Victims of atrocities committed by former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo have expressed concerns that an appeal by the Attorney General against a court order on reparations could further delay their quest for justice.

The International Crimes Division of the High Court, on December 16, declared Kwoyelo indigent and directed the government to compensate his victims in Northern Uganda. The court ordered a reparation award of 10 million shillings for each of the deceased persons, 4 million shillings for victims who suffered bodily injuries, and 5 million Shillings for victims of sexual and gender-based violence.

The attorney General represented Senior State Attorney Johnson Natuhwera however sought for leave of court to file an application of appeal against the ruling arguing that the law cited in holding the government liable for reparation needed further interrogation by an appellate court.

But Denis Lemoyi, a former commandant of Pagak Internally Displaced People’s Camp said while they welcome the court order on reparation, they are worried justice for the victims may never come in time. Lemoyi said it's unfair that the government which was responsible for the protection and security of civilians attacked by Kwoyelo is distancing itself from offering compensation for the harm they have suffered.

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Lemoyi said the court should follow up on the implementation of the court order to ensure the victims benefit from reparation arguing that some of the victims are in urgent need of compensation to repair their lives.

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Nancy Aber, one of the victims of the infamous May 16, 2004, Pagak Internally Displaced People’s camp told Uganda Radio Network that the delays in compensating victims will delay their chances of healing totally from the atrocities they suffered.

Aber who was beaten during the raid on Pagak IDP and left for dead said she was hopeful the court order would be implemented expeditiously so that she uses the compensation money to acquire land and cattle to restart her life.

“The appeal is part of the legal processes that I can’t go against, but my concern is that it will delay the court order. I am a widow with three children but have no land and property of my own, yet all my hopes are on the reparation,” said Aber. She too called on the court to consider the plight of the victims in ensuring the orders are executed expeditiously.

Henry Komakech Kilama, the victims counsel on Monday asked the court to disregard the application for appeal arguing that it is a ploy by the attorney general to delay justice for the victims.

“This is a process to deny the victims who have waited for so long to get the fruits of this elaborate findings of this honorable court. My lord with all due respect… this is process just to play to the gallery and there is no serious ground to raise this appeal,” Komakech submitted.

Justice Stephen Mubiru however considered the oral application of appeal citing the ruling hadn’t yet been tested in the Ugandan jurisdiction and deserves consideration by the appellate court.

The court also on Monday made reparation award of 3.5 million shillings for property loss per household, and 3 million shillings for exhumation and decent reburial of victims whose remains were buried in the former Internally Displaced people’s camps in Amuru district. 

At least 103 victims participated in the trial of Kwoyelo but the court on Monday opened the door for other eligible victims wishing to benefit from the reparation order to apply within a period of 360 days from the date of issuing the reparation order.

Kwoyelo was sentenced to 40 years in jail in October this year over committing 44 crimes comprising of war crimes and crimes against Humanity committed between 1993 and 2005 in the Sub counties of Lamogi and Pabbo in Amuru district.