Updates on the High Court Ruling of Ex-LRA Commander Thomas Kwoyelo
Kampala, 27 January 2012
By Evelyn Akullo Otwili
Summary
On 25 January 2011, ex-LRA commander Col. Thomas Kwoyelo appeared before the High Court of Uganda in Kampala. Presided by Justice Vincent Tiwangye Zehurikirize, the Court ordered the Amnesty Commission and the Directorate of Public Prosecution (DPP) to grant Kwoyelo a certificate of amnesty and immediately release him.
To read more, click here.
On Wednesday, ex-LRA commander Col. Thomas Kwoyelo appeared before the High Court of Uganda in Kampala. JRP’s Evelyn Akullo Otwili was there to follow the ruling, in which the Court ordered the Amnesty Commission and the Directorate of Public Prosecution (DPP) to grant Kwoyelo a certificate of amnesty and immediately release him.
To read the full 1-page update, click here.
“Justice and Reconciliation Project reports on Acholi perceptions of the Amnesty Act,” Resolve Blog, 9 Jan 2012
http://www.theresolve.org/blog/archives/3071031799
By Azy
We’re fans of the folks at The Justice and Reconciliation Project (JRP) — they’re great people doing great work. Recently, JRP released an interesting report that focuses on the feelings and perceptions of LRA-affected communities in northern Uganda toward Uganda’s Amnesty Act.
The Uganda Amnesty Act of 2000 grants amnesty to any rebel combatant from 1986 onward who lays down his or her weapons and renounces the rebellion. According to JRP’s report, more than 10,800 former members of the LRA have received amnesty through the Act as of August 2008, and have re-joined their communities with less harassment and stigma than they otherwise would have experienced without this national policy of forgiveness. The Amnesty Act has been shown to actively encourage combatants to defect from the LRA, with the promise that they will be accepted back home. This is very important, as so many LRA combatants were abducted as children and were unwilling combatants in the first place.
As reflected in the report, JRP researchers interviewed a spectrum of Acholi community members, from local leaders to former-abductees, and asked what they thought of amnesty. Their findings show overwhelming support for the Amnesty Act and many respondents argued that Uganda’s amnesty policy is partially to thank for the peace that the region has experienced since the LRA left Uganda’s borders in 2006. It helps clean the slate and faciliate forgiveness for the unwilling fighters, from both their community and their country.
Interestingly, some of the respondents said they wished that even the top commanders would be granted amnesty, arguing that almost everyone aside from LRA leader Joseph Kony was at one time a victim.
Currently, the Amnesty Act of 2000 is due to either expire or be extended in May 2012, making JRP’s report especially timely.
In this same vein, this spring Resolve will be lobbying our leaders in Washington with the recommendation that part of the $10 million in foreign aid Congress recently authorized for the LRA-affected communities should go towards the rescue, rehabilitation, and reintegration of LRA combatants.
In the case of the LRA, amnesty is an important component of peace and restoration that must go hand-in-hand with focused efforts to support ex-combatants as they seek healing and reintegrate with their communities.
This report is just 3 pages long and fascinating from beginning to end. Take a few minutes to read it yourself.
Today, JRP’s Community Documentation department released their latest publication, a brief situational analysis titled, “To Pardon or to Punish? Current Perceptions and Opinions on Uganda’s Amnesty in Acholi-land.”
Although Uganda’s Amnesty Act entered into force in 2000, it has recently been subjected to a renewed discussion, questioning its relevance in the current context of the conflict. Even in the war‐affected northern region of Uganda, it appears that mixed reactions prevail among the local population. Against this background, this brief situational analysis projects people’s opinions and perceptions on amnesty and provides recommendations for the Amnesty Commission as well as stakeholders concerned.
To read more, click here.
“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 Monitor; BBC; RNW] 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. [AllAfrica; Justice 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]
Moving Forward: Thomas Kwoyelo and the Quest for Justice
A Rapid Situational Analysis on Perceptions and Opinions for the Way Forward
Read the full analysis here.
Having been charged with 12 substantive counts and 53 alternative counts of war crimes and crimes against humanity, Colonel Thomas Kwoyelo became the first Lord’s Resistance Army (LRA) commander to be charged before Uganda’s International Crimes Division (ICD), which held its first hearings on 11 July 2011. However, on 22 September 2011, Uganda’s Constitutional Court ruled that Colonel Thomas Kwoyelo was entitled to amnesty in line with Uganda’s Amnesty Act of 2000, and ordered his immediate release. This ruling was re-enforced by a Court of Appeal ruling on 10 November 2011 following an appeal to stay his release by the Attorney General. On 11 November 2011, the ICD ceased his trial but referred his release to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission.
While his release is expected soon, questions remain hanging on what should happen to him following his release, and how he should be reintegrated into the community. With this in mind, the Justice and Reconciliation Project (JRP) carried out a rapid situational analysis from 4-8 November 2011 in Pabo sub-county (Amuru district) and Gulu town to gauge the perceptions and opinions regarding the way forward for Thomas Kwoyelo, and what should happen to him in the event that he is released. We spoke with 33 respondents, including local leaders, religious leaders, victims, formerly-abducted persons, and residents of Pabo town, along with members of Kwoyelo’s family and civil society organizations in Gulu town.
The 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.
Read the full analysis here.
“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
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.
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.
[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