Tag Archives: Prosecution

TJ Monitor: Thomas Kwoyelo trial postponed to July

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Thomas Kwoyelo Timeline

 

The trial of alleged Lord’s Resistance Army commander Thomas Kwoyelo, which was supposed to start today in Gulu, 2 May 2016, has been postponed to 18 July. Four weeks ago, the Registrar in charge of Special Projects and the ICD, Harriet Ssali Lule, alluded to the possibility that the trial may be postponed because planned outreach with victims had not been conducted by the prosecution team. According to reports, Kwoyelo has already been transferred from prison in Kampala to Gulu and will attend a “formal postponement of the trial”.

TJ Monitor: Thomas Kwoyelo trial, South Sudan prays for peace

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Thomas Kwoyelo trial (possibly) delayed

On 4th April 2016, the pre-trial for Thomas Kwoyelo was held at the High Court in Kampala. The prosecution team led by Charles Kaamuli presented charges against Kwoyelo and planned to introduce 113 witnesses to the International Crimes Division of the High Court (the ICD) during trial proceedings. The presiding judge set forth May 2, 2016 as the date for the main trial but questions have, however, raised as to whether the May 2, 2016 will be able to take effect.

According to Registrar Court of Appeal & Registrar in charge of Special Projects, ICD, Mrs. Harriet Ssali Lule , during the ‘Kwoyelo Trial: CSO Outreach Strategy Workshop’ held in Gulu on 20 April by Refugee Law Project, the ICD has not been able to carry out outreach as planned due to lack of funds.

In her presentation, Registrar Ssali Lule said Kwoyelo’s case did not stall due to any fault on the side of the ICD nor the judges, but rather due to the constitutional question and interpretation of the Amnesty Act.

The workshop was also informed that there is need for collaboration with all the stakeholders including the Civil Society Organisation (CSOs) to support the ICD as well as the trial process.

 

South Sudanese hope for peace as Machar to return to Juba

On Sunday 24, South Sudanese held peace prayers in the capital Juba ahead of the arrival of Riek Machar, reports AFP a move that may see an end to two years of war.

This follows a step by the South Sudan government to issue clearance for Machar, under the UN chief Ban Ki-moon instructions that he (Machar) returns to Juba without delay.

Should the process go on successfully, Marchar will have to take up the post of first vice president alongside arch-rival President Salva Kiir. But most importantly, the move will possibly see an end to the conflict in South Sudan.

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Background of the recent South Sudan conflict

From the time when violence broke out in South Sudan in mid-December 2013, the country experienced reignited ethnic divisions and gross human rights violations.

Under international pressure, there have been attempts to restore peace in the country to no avail. The two sides earlier signed a peace deal in the Ethiopian capital, which paves the way for a ceasefire followed by the formation of a transitional government, the drafting of a new constitution and, eventually, fresh elections.

Both side violated what was agreed which saw a swift resumption of hostilities in the country. (More information: BBC).

 

ICD outreach on Thomas Kwoyelo

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

In April 2015, the Ugandan Supreme Court held that former LRA commander Thomas Kwoyelo could be tried at the International Crimes Division of the High Court of Uganda (the ICD). On 27 May, Avocats Sans Frontières and judges from the ICD held an outreach session meeting with victim and civil society organisations in Gulu town followed by a community outreach session with Lukodi village on the 28th of May with people who suffered during the LRA massacre attack on Lukodi village on the 19th May 2004. The purpose of the outreach was to introduce the ICD court to the communities and to discuss the way forward for Thomas Kwoyelo’s case.

In Lukodi, the people present included orphans, widows and widowers among others. The four ICD judges that conducted the outreach included Justices Nahamwa and Mukizi Ezekiel and during the session, they informed participants about the background of the ICD, including when it was formed and the law applicable to its jurisdiction. Justice Mukizi also highlighted the work of the Justice, Law and Order Sector of the Government of Uganda (JLOS) and police in the contributions they make to the court and said that the ICD court is not the government but rather a small part of the government which was formed to address capital crimes to stop impunity.

According to the judge, the first objective of the court is to try the case and make sure that if enough evidence is presented to the court that an accused person such as Kwoyelo would be convicted. Objective two is aimed at taking into account the rights of the victims and giving them an opportunity to be heard, which he said would be unlike traditional courts and allow them to testify and give evidence of their experiences, be present in court and be provided for their suffering in terms of compensation or reparation. 

The judges pronounced that their duties are bound by the law and that they have international standards to follow when a person is brought to court for a fair trial. Kwoyelo, they said, is also entitled to a lawyer for representation and to be allowed witnesses to support his case. If enough evidence is found to support him, he would not be convicted. His trial will be referred to Gulu where all people would be welcome to participate. Judge Nahamwa said that he is encouraging victims to report crimes to the police and JLOS for investigation though they can either choose to report the crimes or not.

During the outreach, Justice Mukizi pointed out that while there has been a provision for amnesty for LRA returnees, there are some crimes, such as those alleged to have been committed by Kwoyelo, which the Supreme Court confirms that amnesty cannot be extended to because of the graveness of the offences alleged to have been committed. The judge mentioned that Kwoyelo is charged with 52 counts of crimes against humanity and if there are victims who suffered according to his acts, they are called upon to come up and offer evidence to the court. Any efforts, he said, will help to stop impunity so that the acts are punished.