All posts by Lindsay McClain Opiyo

“Kwoyelo Amnesty Raises Questions about Ugandan Justice,” International Justice Resource Center, 30 Nov. 2011

“Kwoyelo Amnesty Raises Questions about Ugandan Justice,” International Justice Resource Center, 30 Nov. 2011
http://ihrlaw.org/2011/11/30/kwoyelo-amnesty-raises-questions-about-ugandan-justice/

In Uganda, amnesty for an alleged Lord’s Resistance Army commander, Thomas Kwoyelo, by the country’s High Court has raised questions regarding the future of transitional justice there.  Kwoyelo had been the first person charged by the International Crimes Division of the High Court for murder and other acts allegedly committed during nearly two decades of attacks by LRA forces on civilians in Uganda and the Democratic Republic of Congo (detailed background here).  Although the grant of amnesty was upheld on appeal, the attorney general has appealed again to the Supreme Court.  Many LRA rebels were granted amnesty under the Amnesty Act of 2000, but Kwoyelo had been denied without explanation when he applied. [Sunday MonitorBBCRNW]  Other LRA leaders indicted by the International Criminal Court have yet to be captured (Kwoyelo is not sought by the ICC). [ICC]

Kwoyelo’s trial on charges of grave breaches of the Geneva Conventions began in July 2011 (see HRW report here).  As reported by Human Rights Watch:

Kwoyelo’s defense counsel signalled to the court that they would raise three preliminary objections to the trial. One would be in regard to the state’s failure to apply Uganda’s Amnesty Law to Kwoyelo, although thousands of other LRA combatants have been granted amnesty under the act. The second would be to the fact that they had yet to receive full disclosure of the prosecution file, including exculpatory evidence. The third would be to the application of the Geneva Conventions Act to Kwoyelo’s alleged conduct.

[HRW] The International Crimes Division then sought an interpretation of these issues by the appellate court, which ruled on September 22 that Kwoyelo was entitled to amnesty under the law and as a matter of equal protection.  When the prosecution sought a stay of the order to release him, on November 10, the appeals court confirmed its September ruling  and held Kwoyelo should be freed.  Recently, when Kwoyelo remained in custody despite the court’s order, the International Crime Division of the High Court urged the public prosecutor to apply the amnesty and set him free. [AllAfricaJustice and Reconciliation; Yahoo;  Insight on Conflict]

As reported by the Justice and Reconciliation Project, residents in Kwoyelo’s hometown in northern Uganda who identify Kwoyelo “as the face of the LRA” blamed him for the atrocities committed there and “feel strongly that he should not return and fear his presence in the area.”  Further, the Project reports, “victims expressed frustration over inconsistent dealings with the ICD and a lack of communication about current developments in Kwoyelo’s case”. [JRP]

FIXED: Broken link to the Kwoyelo situational analysis

Oops. Yesterday the email sent to our mailing list via Constant Contact contained a broken link to the Kwoyelo situational analysis. To view the full brief, visit http://justiceandreconciliation.com/2011/11/moving-forward-thomas-kwoyelo-and-the-quest-for-justice-situational-analysis/.

Thanks to all of our friends who pointed this out to us, and for all of the great comments we’ve received so far. Keep them coming!

-JRP Communications Team

Kwoyelo with Wardens

Situational analysis on moving forward in the Kwoyelo case

Kwoyelo with Wardens
Kwoyelo arrives at the Gulu court building on Nov. 11, 2011

Today JRP released a situational analysis titled, “Moving Forward: Thomas Kwoyelo and the Quest for Justice.” While his release is expected soon, questions remain hanging on what should happen to him.  Our analysis revealed that the situation on the ground, and more specifically in his home area of Pabo, is highly volatile and unpredictable, and opinions regarding his reintegration into the community are widely varied. Furthermore, many of Pabo’s residents – including his family members – feel unprepared, uninformed and confused about how to proceed. This situational analysis presents these perceptions concerning the Constitutional Court ruling and makes recommendations for Kwoyelo’s rehabilitation and reintegration in the event that he is released.

To read the full brief, click here.

“Col. Kwoyelo rearrested within minutes of his release by High Court in Gulu,” Acholi Times, 14 Nov. 2011

“Col. Kwoyelo rearrested within minutes of his release by High Court in Gulu,” Acholi Times, 14 Nov. 2011
http://www.acholitimes.com/index.php?option=com_content&view=article&id=511%3Acol-kwoyelo-rearrested-within-minutes-of-his-release-by-high-court-in-gulu&catid=8%3Afront-news&Itemid=95

By Livingstone David Okumu

Uncertainty swept through the courtroom in Gulu High Court on Friday after former LRA Colonel Thomas Kwoyelo was whisked away under tight security to Gulu prison minutes after the International Crimes Division directed that he be set freed immediately. Col Kwoyelo, who was facing 53 counts of war crimes and crimes against humanity, was officially set free at 11:30 am after a 2 hour delay on Friday 11 November 2011.

The head of the court, Justice Dan Akiiki Kiiza after a brief apology to the court over the delay in convening the court said that they were simply following a directive from the Constitutional Court after its ruling on the 22nd September.

The Constitutional Court had ruled that the denial of Col Kwoyelo’s application for amnesty by the DPP was unconstitutional and contradicted articles 1, 2, 20 and 21 of the constitution of Uganda.

Justice Akiiki said the court in releasing Col Kwoyelo was simply following the directive of a higher authority.

“We hereby cease the trial of the accused Thomas Kwoyelo alias Latoni forthwith. And consequently direct the DPP and the Amnesty Commission to comply with the provisions of the amnesty act” he ordered before ending the session.

The court room burst into a murmur of approval as Kwoyelo, wearing matching green shirt and trousers, was directed by prison warders, into the back of the court.

However, the crowd, including his mother and sisters, who attended the session waited for more than 45 minutes in the hope of seeing Col Kwoyelo released, only to see him whisked away in two prison pickup trucks led by a police escort truck.

His mother, Rosolina Oyela said she was surprised by the incident because she expected to go back home with her son.

His lawyer, Francis Onyango declined to comment on the matter.

“I have no comment because there is a Supreme Court case over the issue,” he said.

Civil society, cultural and religious leaders in the region reiterated their called for the promotion of Mato Oput way of justice to the war affected communities in northern Uganda. Lino Owor Ogora, the head of research and documentation at the Justice and Reconciliation Project, said the way forward is to reconcile Kwoyelo with the victims in Pabbo.

He said technically Kwoyelo is free but realistically he is not since a needed to be face the communities of his victims to ensure that he leads a normal life in their midst.

Kwoyelo was whisked to Kampala after a brief stay a Gulu prisons.

“State ignores court ruling over Kwoyelo,” Daily Monitor, 13 Nov. 2011

“State ignores court ruling over Kwoyelo,” Daily Monitor, 13 Nov. 2011
http://www.monitor.co.ug/News/National/-/688334/1271924/-/bgurw8z/-/

By Moses Akena and David Livingstone Okuuu

Former Lord’s Resistance Army commander Thomas Kwoyelo was on Friday whisked off to prison despite a ruling by the International Crimes Division of the High Court set ting him free.

Justice Dan Akiiki Kiiza ordered for the release of Kwoyelo following an order by the Constitutional Court.

“We hereby ceased the trial of the accused person (Kwoyelo) alias Latoni forthwith. And consequently we hereby direct the Directorate of Public Prosecutions (DPP) and the Amnesty Commission to comply with the provisions of the Amnesty Act,” said Judge Akiiki.

Mr Frank Mayanja Baine, the Prisons spokesperson, last evening confirmed the continued detention of Kwoyelo, saying he is still facing two other charges.

“We work on documents and for someone to be released on amnesty, he or she must have a certificate, which Kwoyelo has not got, to be released. Once he gets the certificate and other documents for his release then we shall release him,” he said in a telephone interview.

Kwoyelo’s mother, Ms Rosolina Oyela, said she was surprised by the incident because she expected to go back home with her son.

His lawyer Francis Onyango, however, declined to comment on the matter. “I have no comment because there is a Supreme Court case over the issue,” he said.

Civil society want reconciliation
The court, however, did not mention the Supreme Court appeal.

Civil society actors in the region reiterated their call for reparations to war affected communities in northern Uganda, and reconciliation.

Mr Lino Owor Ogora, the head of research and documentation at the Justice and Reconciliation Project, said the way forward is to reconcile Kwoyelo with the victims in Pabbo.

Kwoyelo is the first LRA commander to be prosecuted for crimes committed during the two-decade war in northern Uganda that left thousand dead and millions displaced. He was captured in 2008 during Operation Lightning Thunder in Garamba Forest, eastern DR Congo.

The ICC in 2005 issued an arrest warrant for five top LRA commanders, including their leader Joseph Kony, Dominic Ogweng, Onen Kamdul and two others who died in the bush. Kony is said to be operating between Central African Republic and Sudan.

Kwoyelo Trial 11Nov11

Breaking News: ICD ceases Kwoyelo trial but doesn’t release from custody

Kwoyelo Trial 11Nov11
Thomas Kwoyelo during an ICD session in Gulu on November 11, 2011.

This morning JRP’s Documentation and Communications teams attended a session of the International Crimes Division (ICD) in Gulu pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo.

As a brief backgrounder, the trial opened on July 11th in Gulu (see a JRP overview of this here), and on August 5th was referred to the Constitutional Court in Kampala for a decision pertaining to issues raised by Kwoyelo’s lawyers of alleged unequal treatment and denial of amnesty, among others. On Sept. 22nd, the Court ruled that Kwoyelo was eligible for amnesty and to deny him would be unconstitutional. The matter was referred back to the ICD for presumed termination of the trial and Kwoyelo’s release. After an appeal was made by a State team to stay the execution of this order (i.e. to delay releasing him) citing a threat to national security and alleged communication with LRA financiers, on Nov. 10th, the Court of Appeal declined that request and upheld the Constitutional Court ruling. Kwoyelo’s release was slated for Nov. 11th in Gulu.

That brings us to today. It was widely rumored that Kwoyelo would be released, and many of his family members traveled long distances to receive him. However, a panel of three ICD judges confused many in attendance when they stated their compliance with the Constitutional Court ruling and ceased the trial, yet referred matters of his release to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission. It appears as though his release will not be carried out until his amnesty is processed, and he was taken back to presumably Gulu prison by armed prison wardens shortly after the reading.

For photos from the day’s session, click here.

For a raw audio recording of Justice Akii-Kiiza, click here.

For a video with JRP’s Lino Owor Ogora commenting on the decision to local media, click here or watch below.

[yframe url=’http://www.youtube.com/watch?v=m4EVVuBc1tA&feature=youtu.be’]

JRP will continue to monitor events pertaining to this case as they unfold. Stay tuned for the latest updates. A video interview with Kwoyelo’s mother after the ruling and other clips from the day will be uploaded in the coming days.

Kwoyelo Trial 11Nov11

Kwoyelo ICD Trial Cessation, 11 Nov. 11

[AFG_gallery id=’41’]

On November, 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened at the High Court in Gulu to follow recommendations set forth by the Constitutional Court pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo. These photos capture what transpired. For more information, visit www.justiceandreconciliation.com.

Copyright © 2011 Justice and Reconciliation Project

JRP’s Lino Ogora Comments on Kwoyelo Trial, 11 Nov. 11

[yframe url=’http://www.youtube.com/watch?v=m4EVVuBc1tA&feature=youtu.be’]

On November, 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened at the High Court in Gulu to follow recommendations set forth by the Constitutional Court pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo. After the ICD ordered the cessation of the trial and referred Kwoyelo’s release to the DPP and the Amnesty Commission, JRP’s Lino Owor Ogora answered questions by media outside the court building.

Copyright © 2011 Justice and Reconciliation Project

ICD judges

“Cessation of the Kwoyelo Case,” ICD Court Ruling, 11 Nov. 11

ICD judges
A panel of 3 ICD judges during the Kwoyelo trial on Nov. 11, 2011.

“Cessation of the Kwoyelo Case,” ICD Court Ruling, 11 Nov. 11

Listen here.

On November 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened in Gulu in the case of ex-LRA commander Col. Thomas Kwoyelo. In this audio, the lawyers are introduced and the panel of judges states its compliance of the Sept. 22nd Constitutional Court ruling to cease the trial in light of Kwoyelo’s eligibility for amnesty. The ICD did not, however, order for Kwoyelo’s release, and instead referred that matter to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission.

 

“US Troop Deployment Revisited – The Hunt for Kony,” Justice in Conflict blog, 3 Nov. 2011

“US Troop Deployment Revisited – The Hunt for Kony,” Justice in Conflict blog, 3 Nov. 2011
http://justiceinconflict.org/2011/11/03/us-troop-deployment-revisited-%E2%80%93-the-hunt-for-kony/

By Patrick Wegner

US President Barack Obama’s decision to send 100 combat armed military advisors to Uganda, Central African Republic (CAR), the Democratic Republic of Congo (DRC) and Southern Sudan made worldwide headlines about three weeks ago. The controversial decision and discussions about its consequences brought the LRA conflict back into the headlines after the world had all but forgotten about the steady trickle of mutilations, killings and abductions mainly committed in the DRC and CAR by the LRA. One thing has become very clear to me in interviews with diplomats and staff of international organizations that are working in the context of the conflict: the LRA is no longer seen as a threat for regional stability. This means that the LRA conflict has ceased to matter in the big picture of geopolitics. It is another one of those low intensity conflicts that claim the lives of innocent civilians on a daily basis but are not endangering the security interests of powerful nations. What does the US troop deployment mean in this context?

Since foreign policy practitioners do not see the conflict as a risk to regional stability, President Obama’s move could be regarded as a surprise. Yet, it makes perfect sense both in a US domestic as well as in an international perspective. The US has seen constant campaigning by civil society organizations like Enough and Invisible Children who pressure the US administration to do something about the deaths of innocent civilians in Central Africa. The campaigning led to the signing of the LRA Disarmament and Northern Uganda Recovery Act by Barack Obama in May 2010. A high ranking diplomat I talked to a couple of weeks before the troop deployment told me that he expects the US to ‘do something’ in the LRA context soon, as a Congress report on the LRA Act was upcoming in late October and the administration needed to be seen doing something. His prediction proved right.

From the international perspective, Uganda is of high strategic importance in the region. The Uganda People’s Defence Forces (UPDF) is one of the strongest armies in the area. It plays a major role in the UN Mission in Somalia, provides staff for UNAMID in Darfur, and plays the leading role in regional efforts to hunt down the LRA. The fact that the UPDF is providing troops for these missions removes pressure from Western nations to deploy their own troops in the region. Finally, the recent discovery of oil has just increased Uganda’s importance. The decision can therefore also be seen as an acknowledgement of the important role Uganda is playing in the region.Many Ugandans I talked to are deeply distrustful of the US intervention. Most people think that the US is showing up now, years after the war ended in northern Uganda, because oil has been discovered in Amuru. Yet, the LRA is no longer a Ugandan issue. The LRA has spread over three states in the region, and people are still dying. So there are valid arguments for intervening on humanitarian grounds. But what is the impact of the deployment we can expect on the ground? Critics like Lindsay McCain of the Justice and Reconciliation Project from northern Uganda say that the deployment of US military advisors will reinforce the military logic of the conflict and lead to the death of innocent abducted children that travel with the LRA. She criticises the lack of a humanitarian component and a focus on protecting civilians in the affected regions from LRA attacks. I think those arguments are valid and point out a significant weakness of the US approach to combating the LRA. Yet, the deployment of US advisors might still help to stop the conflict and end the suffering of civilians in the longer term.

The US has been supporting the UPDF for several years. In the beginning, this support was mainly given through financial aid for the military budget. During Operation Lightning Thunder, that marked the end of negotiation efforts during the Juba Peace Process and was meant to ‘wipe out’ the LRA, US military advisors provided the UPDF with information and advice. Still the operation failed. Afterwards, the US supported the hunt for Kony and the remaining LRA rebels through providing the UPDF with GPS data and satellite imagery. Yet, the UPDF was not sufficiently equipped to act on that information. On the one hand, they had no means to use the exact GPS data the US provided them with, on the other hand the UPDF rapid response capacities were insufficient to hunt down the LRA fast enough.

The deployment of US military advisors on the ground who can help the UPDF to make use of the data forwarded by US military intelligence could make a real difference. The UPDF has been close to capturing or killing Kony at least twice in recent years. In August 2009, the UPDF ran into Joseph Kony’s bodyguards in CAR and killed several of them in the ensuing gunfight, yet Kony managed to escape while being chased by the UPDF.

In October 2011 the UPDF again ran into Kony’s entourage according to the UPDF spokesman. Kony moves inside several circles of security perimeters. Three rings of bodyguards move constantly with him, and as soon as the outer ring engages in combat, Kony has the opportunity to quickly flee into the opposite direction. But chances are that Kony will eventually run out of luck if the UPDF is able to track his group more closely with the help of US military advisors.

We might well see the end of Joseph Kony’s flight soon. Whether this would mean the end of the conflict is not clear though. The LRA has splintered into ever smaller groups and it is not clear in how far Kony still has full control of them. Independent LRA groups may be roaming through CAR and DRC abducting and killing civilians for years after Kony’s death or capture. Additionally, UN sources have told me that many armed groups and militias in the DRC have started mimicking LRA attacks to cover up their robberies. It is hard to say how much of the ‘LRA activity’ we see in the region is actually local banditry.

Finally, on an interesting side note, a former top LRA Commander I was able to talk to told me that Joseph Kony had announced as early as 1998 that his spirits had revealed to him that Ugandans would bring in the US to hunt him. Kony made a prophecy that the war would end when the US becomes involved. They would not be able to catch him, but would help the Acholi of northern Uganda to recover from the war. Kony said that his spirits revealed to him that he would just disappear in the jungle, ‘like Moses disappeared after leading his people to the Holy Land’. The spirits told him that the US would come to search for him, only to eventually find out that he had disappeared without a trace for ever.