Tag Archives: Kwoyelo

Moving Forward: Thomas Kwoyelo and the Quest for Justice, Situational Analysis

15 Nov 2011Statements & Briefsaccountability, amnesty, Community Documentation, ICD, Kwoyelo, LRA, northern Uganda, Pabo, TJ PolicyJRP

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

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

14 Nov 2011In the Newsamnesty, ICD, Kwoyelo, Lino Owor Ogora, northern UgandaLindsay McClain Opiyo

“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.

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

11 Nov 2011Blogaccountability, amnesty, Gulu, ICD, Kwoyelo, Lino Owor Ogora, lord's resistance army, LRA, northern Uganda, TJ PolicyLindsay McClain Opiyo

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 ICD Trial Cessation, 11 Nov. 11

11 Nov 2011PhotosGulu, ICD, Kwoyelo, LRA, northern Uganda, TJ PolicyLindsay McClain Opiyo

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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.

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

11 Nov 2011Videoaccountability, amnesty, ICD, JRP, Kwoyelo, Lino Owor Ogora, LRA, northern Uganda, TJ PolicyLindsay McClain Opiyo

[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.

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

11 Nov 2011Audioaccountability, Community Documentation, Gulu, ICD, justice, Kwoyelo, northern Uganda, TJ PolicyLindsay McClain Opiyo

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.

“Amnesty is the price northern Uganda paid for peace in the region,” Daily Monitor, 4 Oct 2011

06 Oct 2011In the Newsamnesty, Daily Monitor, ICD, in the news, Kwoyelo, Lino Owor Ogora, Media, TJ PolicyLindsay McClain Opiyo

“Amnesty is the price northern Uganda paid for peace in the region,” Daily Monitor, 4 Oct 2011
http://www.monitor.co.ug/OpEd/Letters/-/806314/1247450/-/10tmcoj/-/index.html

By Lino Owor Ogora

On September 22, the Constitutional Court ruled that ex- LRA commander Thomas Kwoyelo, was entitled to amnesty in line with Uganda’s Amnesty Act 2000. This ruling attracted mixed reactions from various sections of the public.

The question of whether or not to offer war criminals amnesty has always been controversial. It is a question that peacemakers around the world have had to grapple with. Many peace processes have been successful because of amnesty offered to perpetrators. In South Africa for example, amnesty was pivotal in ensuring that the leaders of the apartheid regime negotiated with and eventually handed over power to the African National Congress. It also encouraged many perpetrators who had committed war crimes to confess, which in some instances even led to the recovery of human remains which had been secretly buried. In West Nile, amnesty proved a critical factor in determining the surrender of the West Nile Bank Front II.

Likewise, in northern Uganda, amnesty is the price we have had to pay for peace. Amnesty in northern Uganda was so effective that it led to the surrender of many top commanders. According to the Amnesty Commission’s records, over 10,000 LRA combatants abandoned rebellion and were granted amnesty. Amnesty was even more critical given that the majority of the LRA army was composed of children abducted and turned into rebels. Kwoyelo falls into this category, having been abducted when he was only 15 years old.

But for many people, this part of Kwoyelo’s history does not matter. They feel he has to be punished for what he is now. While I agree that Kwoyelo must be held accountable, we should also keep in mind the circumstances surrounding him. The case of Kwoyelo is critical in ensuring that not all LRA fighters are viewed as a homogenous group of killers, which will enable us devise means of handling them on a case by case basis, a factor which was missing in Kwoyelo’s trial.

If it were not for amnesty, millions of people would still be living within IDP camps. Thousands more children would have been abducted, and even the Juba peace talks which ushered in the prevailing peace in northern Uganda would not have taken place.

It is not surprising that most of the people baying for Kwoyelo’s blood are those who live in comfort and safety outside northern Uganda. While such people may sympathise with victims, they do not understand the situation on the ground. If you lived in northern Uganda during the period of the insurgency, you would understand and appreciate the prioritisation of ‘peace first justice later’. It is because of this prioritisation that northern Ugandans were at the forefront of advocating amnesty as a crucial factor in ending the conflict.

Lino Owor Ogora,
Justice & Reconciliation Project, Gulu District

“First LRA Trial Before the ICD,” CICC, September 2011

05 Oct 2011In the NewsICC, ICD, in the news, Kwoyelo, Lino Owor OgoraLindsay McClain Opiyo

“First LRA Trial Before the International Crimes Division of the Ugandan Hight Court,” Coalition for the International Criminal Court,” September 2011
http://iccnow.org/documents/Africa_Update16_eng.pdf

Note: JRP’s Lino Owor Ogora’s photos from the opening of the Thomas Kwoyelo trial in Gulu on July 11th appeared on page 4 of the September 2011 edition of the CICC Africa Update newsletter. The accompanying article was written by a representative of the Lira NGO Forum.

“Uganda’s International Crimes Division Court Attracts Massive Critique,” Uganda Radio Network, 14 July 2011

14 Jul 2011In the NewsICD, Kwoyelo, Lino Owor OgoraLindsay McClain Opiyo

“Uganda’s International Crimes Division Court Attracts Massive Critique,” Uganda Radio Network, 14 July 2011
http://ugandaradionetwork.com/a/story.php?s=35292

By Joe Wacha

The War Crimes Division of Uganda High court has come under sharp criticism from some members of the public only a few days after it started trying Thomas Kwoyelo, the former LRA director of operations.

Uganda’s International Crimes Division Court has come under sharp criticism from some members of the public only a few days after it started trying Thomas Kwoyelo, the former LRA director of operations. Kwoyelo is facing 53 counts of crimes for his alleged involvement in the LRA war from 1987 to 2005, when he was captured by government forces.

However, some people in Northern Uganda doubt whether the Uganda War Crimes Division court has the capacity to competently prosecute suspects. Bosco Ocan, a resident of Layibi Techo in Gulu municipality says that he doubts the independence of the judicial system in Uganda to be able to competently deliver justice.

Jane Akwero Odwong, a former Woman MP for Kitgum district is surprised that the court does not address crimes against gender. Adwong explains that whereas many women and girls were raped and subjected to sexual slavery during the war in northern Uganda, the charges have not been brought against Kwoyelo.

Louis Odong, another victim of the war complained that the court does not provide compensation for the people who suffered from the war and either lost relatives or property. Other people suggest that holding the trial nearer to the victims, only reminds them of the atrocities they suffered during the war.

However, not everyone is against the operation of the court. Onono Onweng, the retired Bishop of Northern Uganda says that court is a test and it is only right for it to draw critiques. He however hoped it would improve overtime.

Lino Owor Ogora, a transitional justice activist says that the court needs to lead in advocating the legislation of necessary laws for reparation and other areas people feel are not presently addressed.

But Tadeo Asiimwe, the registrar of the International Crimes Division of the High Court noted that the court is a permanent institution with the capacity to prosecute all war crimes and crimes against humanity. He added that the decision to move the trial to Gulu was intended to ensure the victims of the LRA war participate in the justice process.