Court finds Thomas Kwoyelo guilty, convicts him of 44 crimes against humanity

The International War Crimes Division of the high court has found the former Lord’s Resistance Army commander Thomas Kwoyelo guilty and convicted him of 44 crimes against humanity.

Kwoyelo is grappling with 78 of the 93 counts of murder, aggravated robbery, extensive destruction of property, causing serious injury to body or health, and inhumane treatment, rape, and torture, among others, that he is alleged to have committed against the civilian population of northern Uganda, southern Sudan, and the northeastern regions of the Democratic Republic of the Congo (DRC).

Appearing before a panel of judges led by Andrew Bashaija, Stephen Mubiru, Michael Elubu, and Duncan Gaswaga Kwoyelo was found guilty and convicted on charges of charges of murder, attempted murder, pillage, cruel treatment, inhuman acts, outrages, kidnapping, kidnapping with intent to murder, imprisonment, aggravated robbery, outrage, outrages upon personal dignity, enslavement, rape, torture, and violence to life.

In a ruling delivered by Justice Michael Elubu, the court acquitted him of three charges of murder and dismissed 31 charges of murder, attempted murder, aggravated robbery, and pillage.

Earlier this month, the trial judges summed up evidence adduced in Kwoyelo’s case for the three assessors’ who were taking part in the matter since their appointment in March 2019. The assessors included Daniel Ochen, Nighty Ajok, and Franklyn Odongkara.

The assessors asked the court to acquit Kwoyero of nine cases, including rape, murder, and others, noting that there was evidence adduced to prove that he was part of them. The court, however, agreed with them on several cases of murder and disagreed on cases of rape and torture. The court was adjourned to Friday this week.

Kwoyelo’s trial resumed on April 17, 2023, at the International Crimes Division of the High Court (ICD) sitting at Gulu High Court in Gulu City, Northern Uganda; however, it stalled due to a lack of funds.

Having commenced the trial on September 24, 2018, the court had its first prosecution witnesses testify in March 2019, and since then, trial sessions have been held periodically between Kampala and Gulu.

Kwoyelo was abducted by the LRA on his way to school in 1987, remained in captivity, and later became a colonel. The worst attack of the paramilitary group that was under the leadership of Joseph Kony occurred in Haute-Hele Province (DRC) in December 2008, the so-called Christmas massacre, where over 200 people were killed and over 800 houses razed down.

The rebels split up into groups to attack the villages of 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.

In 2009, Kwoyelo was captured in the neighbouring DRC during a raid by regional forces.

In March 2009, Kwoyelo was injured during hostilities between the Ugandan army and the LRA in the DRC and brought into Uganda for medical treatment and subsequently into custody.

His trial, however, commenced in July 2011. Before ICD, a division of Uganda’s High Court Constitutional Court resolved that the suspect’s trial should stop as it found grounds for the failure by the DPP and the Amnesty Commission to act on Kwoyelo’s application. In 2015, the Supreme Court decided that Kwoyelo’s trial should resume.