Appearing in a navy blue suit with a red tie, Uganda’s former Lord’s Resistance Army rebel commander Thomas Kwoyelo alias Latoni, now 50, appeared tense in the dock surrounded by prison warders and a wardress, dressed in maroon uniform. In the afternoon court session of August 13 in the city of Gulu, Northern Uganda, Kwoyelo occasionally sipped on a bottled water, folded his hands across his chest and was stone faced as the judges introduced themselves, as well as his lawyers, the state and victims attorneys, in an elaborate process translated for him from English to his local Luo language by the two interpreters.
The in-person attendance for his final judgement was attended by one member of the diplomatic corps, NGOs and journalists due to limited seating, but it was broadcast live through Zoom, YouTube and Uganda judiciary’s website.
Introducing the procedural history of a case that last more than 15 years, the lead judge Michael Elubu said it involved “a combination of national and international laws”. It all started when Kwoyelo was captured in March 2009 by the Ugandan military in the Garamba National Park at the border between the Central African Republic and South Sudan. After a brief detention by the military in 2010 Kwoyelo was referred to the International Crimes Division (ICD) of the Ugandan High Court, the first of its kind in the country’s legal system created out of the Juba Peace Agreement between the Ugandan government and the LRA rebels, for trial. However, Kwoyelo sought amnesty under the Ugandan domestic law giving pardon to the rebels who denounced armed rebellion. He lodged a constitutional appeal questioning why he was being prosecuted while senior rebel commanders were granted amnesty and pardoned. Eventually the constitutional court ruled that his case be returned to the ICD. On March 14, 2017, Kwoyelo was read the initial charges and on August 30, 2018, the ICD handed him 93 charges, among them, murder, abduction, rape, pillaging, inhuman treatment, destruction of settlements, violence and outrage among others. There were many more postponements and aborted hearings before the state prosecutor finally presented 53 witnesses while Kwoyelo’s defense provided 4 witnesses including the accused. On December 18, 2023, the court confirmed 78 counts out of the 93 that were charged. Defense lawyers argued there was no case to answer as the accused was abducted by the rebels while he was a minor, but that too was submitted in vain.
No sentencing yet
On the first count on the list, where Kwoyelo was accused of murdering one Albert Obwoya, while the assessors – the equivalent of a jury – found him guilty, the judges returned a case of no guilt, bringing a temporary relief to Kwoyelo’s face. Two other counts were dismissed but after the lengthy reading of the verdict on each count, Justice Elubu announced that Kwoyelo was “found guilty of 44 offenses and hereby convicted.” Among the offences Kwoyelo was convicted on was rape – which he carried out between 1996 and 2005 while he operated in parts of Uganda and South Sudan and had repeated forceful sexual intercourse with a witness identified as SN –, torture, abduction, destruction of settlements of internally displaced persons in Northern Uganda, his home region, pillaging and outrage. All these charges received guilty verdicts from the assessors and the judges. The judges found there were 31 “alternate counts” where they could not convict the accused as it would amount to double jeopardy.
While hailing the judgment, William Byansi, Deputy Director of Public Prosecutions, told the court they were to make a submission at a later stage to “find the most appropriate sentence” they would ask for. Byansi asked for more time “to enable a detailed brief to this honorable court,” he said.
One of Kwoyelo’s senior lawyers, Charles Dalton Opwonya, told Justice Info that he would also need time. “We are waiting for the detailed judgement as promised by the Court and we shall make a written and detailed response to the judgment,” he said. Kwoyelo’s lead lawyer, Caleb Alaka, confirmed the date for sentencing is not yet fixed but that he anticipated prosecution to make written submissions around October 6. The defense is due to respond thereafter.
Satisfaction and despair
“We are happy that the judgment has finally been delivered after many years of waiting,” Henry Komakech Kilama, one of the lawyers for the victims, told Justice Info. “We however need to consult the victims on their expectations of the sentence now that he [Kwoyelo] has been brought to account for his actions.” “This is a reminder to all those behind human rights violations that one day they will be held responsible no matter how long it takes,” he added though Kwoyelo is a unique case to date.
Moses Rackara, 27, is one of Kwoyelo’s sons. “As family, we didn’t expect justice for him,” he told Justice Info after the ruling. “From the time he was arrested, the years spent in prison and the delay to conclude his case, it made us loose hope. We knew from the start he won’t be released.” Rackara, currently doing farming in Kwoyelo’s home village in Pabbo, Amuru district, appealed to well-wishers to take up his father’s siblings and wives.
“I spoke to Kwoyelo in prison and he was very remorseful. He had learnt his lessons and faced hardship and was ready for reintegration into the society but this conviction has taken us back as a family and [left us] devastated,” Kwoyelo’s eldest brother, Pastor George Abedo, 62, told Justice Info.
