Kwoyelo's Trial: Here is a Brief Procedural Background to the Case

After more than a decade behind bars at Luzira Maximum prison in Uganda’s capital Kampala, former Lord’s Resistance Army rebel commander Thomas Kwoyelo alias Latoni will know his fate on Tuesday (August 13) as the International Crimes Division of the High Court delivers its verdict.

Kwoyelo is arguably the world’s longest-serving suspect on remand battling charges of war crimes and crimes against humanity before the domestic court in Uganda. The judgement in Kwoyelo's case is set to be delivered by a Trial panel of four judges consisting of Justices Michael Elubu, Duncan Gaswaga, Stephen Mubiru, and Andrew Bashaija.

Uganda Radio Network has compiled a brief procedural history of the case in which Kwoyelo is accused of 78 counts of crimes allegedly committed between 1993 and 2005 in Kilak County, Present-day Amuru district.

Kwoyelo's capture

He was captured by the Uganda People’s Defence Forces (UPDF) in the Garamba National Park in the Democratic Republic of Congo on March 3, 2009. He was brought back to Uganda and detained at the Upper Prison Luzira.

On January 12, 2010, while in detention, he declared before the officers in charge of the prison that he was renouncing rebellion and seeking amnesty. The statement was submitted to the Uganda Amnesty Commission.

On March 19, 2010, the Amnesty Commission forwarded the accused’s application to the Director of Public Prosecution (DPP) for consideration by the provision of the Amnesty Act.

On September 6, 20210, the DPP preferred criminal charges against Kwoyelo before the Chief Magistrate’s court at Buganda Road in Kampala. The Charges were in respect of the various offenses under the Geneva Conventions Act. The accused was subsequently committed for trial to the International Crimes Division of the High Court on an amended indictment containing 50 counts.

On July 11, 2011, Kwoyelo appeared before the ICD, a court established in July 2008 on an amended indictment containing over 50 counts.

Constitutional challenges

Kwoyelo through his counsel however requested a constitutional reference. He challenged the constitutional court by Article 137 to determine the following.

The constitutional court was tasked to determine whether the failure of the DPP and the Amnesty Commission to act on the application by Kwoyelo for the grant of a certificate of Amnesty, whereas such certificates were granted to other persons in circumstances similar to that of the accused person is discriminatory in the contravention of and inconsistent with Article 1,2, 20(2), 21(1) and (3) of the constitution of the Republic of Uganda.

The court was further to determine whether the alleged detention of Kwoyelo in a private residence of an unnamed official of the Chieftaincy of Military Intelligence (CMI) is in contravention of and inconsistent with articles 1,2,23(2), (3), 4(b), 24, and 44 of the constitution of the republic of Uganda.

On September 22, 2011, the Constitutional Court upheld Kwoyelo’s reference, holding that the Amnesty Act didn’t offend Uganda’s International Treaty obligations, nor did it take away the prosecutorial powers given under the constitution as submitted by the Attorney General.

The Court further held that the respondent had been discriminated against contrary to the provisions of Article 21(1) (2) of the constitution and made an order that the file be returned to the ICD with the Direction that the court must cease the accused trial forthwith.

However, in an appeal by the Attorney General, the Supreme Court delivered a Judgement on April 8, 2012, and found that the Amnesty Act didn’t impinge on the prosecutorial power of the DPP and is not inconsistent with the constitution in that regard.

The court further found that the Amnesty Act is not inconsistent with Uganda’s international obligations as it doesn't grant blanket amnesty for all crimes and that the Geneva Convention Act still applies and the indictment of the accused under article 147 of the Geneva Conventions Act didn’t violate the constitution of Uganda.

The court also found that the accused didn’t suffer discriminatory or unequal treatment under the law and that the DPP was acting within the powers not to certify the respondent for a grant of amnesty and to commence prosecution against him under the Geneva Conventions Act.

Following the supreme court ruling, Kwoyelo was arraigned before the International Crimes Division of the High Court and the indictment was read to him once again on March 14, 2017.

On January 25, 2017, the Indictment was amended by the Director of Public Prosecution bringing the final number of counts for which the accused stand trial to 93 counts.

The indictment includes several charges based on international criminal law, with domestic charges in the alternative. The International criminal charges consisted of crimes against humanity of murder, enslavement, rape, torture, imprisonment and other inhumane acts.

The indictment further included international criminal charges that are serious violations of common article 3, a treaty provision of the Geneva Conventions, applicable to internal armed conflict.

The common Article 3 charges in the indictment included murder, hostage taking, outrages upon human dignity, violence to life and person cruel treatment and torture, and pillage. The alternative charges under the penal code act are murder, kidnapping with intent to murder, aggravated robbery, attempted murder, procuration of unlawful carnal knowledge, and rape.

Confirmation of charges

In her ruling delivered on August 30, 2018, Lady Justice Suzan Okalany consequently found that the prosecution had established sufficient evidence to establish substantial grounds to believe that Kwoyelo was responsible for the charges brought in the indictment and accordingly confirmed all the charges in the amended indictment. 

Subsequently, Kwoyelo was committed to the Trial panel on the charges as confirmed.

The Trial

On November 12, 2018, the Trial against the accused commenced in the High Court of Uganda sitting at Gulu High Court. The prosecution presented a total of 53 witnesses and on December 18, 2023, the Trial panel found that the accused person had a case to answer in respect of the 78 counts out of the 93 counts.

Kwoyelo’s defense trial commenced on April 15, 2024. The defence presented a total of four witnesses with the trial coming to its conclusion on May 8th, 2024.