The long-awaited hearing of the Thomas Kwoyelo criminal case hit a snag in Gulu after the defense team objected to the translation of the indictment that is supposed to be read to the accused. The team also objected to the choice of translator.
At about 11am, the High Court’s International Crimes Division (ICD) sitting at the Gulu High Court adjourned the matter to November 5, 2018 to allow Mr. Kwoyelo and his defense counsel time to go through a properly translated indictment.
The case, in which Mr. Kwoyelo faces 93 criminal cases, is the first and oldest criminal case at ICD.
Mr. Kwoyelo,a former commander of the notorious rebel Lord's Resistance Army (LRA) outfit,appeared before a panel of three judges: Hon. Lady Justice Jane Kiggundu, Hon.Justice Duncan Gaswaga and Hon. Justice Michael Elubu.
He was arrested in the neighboring DR Congo in March 2009, and his case has been pending trial before the ICD since 2010 (eight years ago).
The Trial started with a procession, followed by an open stakeholders' session, in which questions from the prosecution, media and general public were asked and answers were instantly provided by the three Judges, and finally, a status conference.
The stakeholders and status conference was focused on laying ground for a smooth trial, updating stakeholders as well as setting rules for the proceedings.
Born in Pabbo, northern Uganda, Mr. Kwoyelo, was allegedly abducted by the LRA on his way to school in 1987, and remained in captivity with the rebels until he grew to the rank of colonel.
Members of the LRA are alleged to have committed serious crimes such as murder, rape and torture directed against the civilian population of northern Uganda,southern Sudan and the northeastern regions of the Democratic Republic of the Congo (DRC).
One of the worst attack of the LRA took place in Haute-Hele Province (DRC) in December 2008, the so called Christmas massacre.
The rebels split up in groups to attack the villages Faradje, Batande, Duru,Bangadi and Burgi. They waited until people had gathered for Christmas festivities, then surrounded and killed them with axes, machetes and clubs. The estimated death toll ranges between 189 (United Nations Office for the Coordination of Humanitarian Affairs) and 620 (Human Rights Watch).
The United Nations High Commissioner for Refugees (UNHCR) reported that 225 people,among them 160 children, were kidnapped and more than 80 women raped. At least 800 houses were burned. Witnesses stated that some people had their lips cutoff as a warning.
In March 2009, Mr. Kwoyelo was injured during hostilities between the Ugandan army and the LRA in Ukwa, DRC. He was taken to Uganda for medical treatment and subsequently into custody.
Background
In June 2009, Mr. Kwoyelo was charged with crimes under Uganda' s penal code. In addition, he was charged with grave breaches of the Fourth Geneva Convention,pursuant to Art.147 of Uganda's 1964 Geneva Conventions Act in August 2010,including willful killing of civilians, taking of hostages, extensive destruction of property, causing serious injury to body or health and inhuman treatment.
In 2010 Mr. Kwoyelo applied for amnesty under the Amnesty Act, which was passed by Uganda's government in 2000 and offers impunity for rebels who denounced rebellion. The Director of Public Prosecutions (DPP) and the Amnesty Commission did not act on the application.
On 11 July 2011 his trial opened before the ICD. On 22 September 2011, the Constitutional Court of Uganda decided that Mr. Kwoyelo 's trial should stop as it found no reasonable grounds for the failure by the DPP and the Amnesty Commission to act on Mr. Kwoyelo 's application. The decision was however overturned on appeal by the Supreme Court, which ordered for Mr. Kwoyelo's trial.
Posted 25th, September 2018
