Gulu, (UG):- The former commander of the Lord Resistance Army, Thomas Kwoyelo, pleaded to the court to pardon him for the crimes he has been convicted of so that he can once again “live a normal life with my [his] family.”
Convict Kwoyelo made the statement Monday (October 14th) afternoon while appearing before the International Crime Division of High Court, which sat in the Gulu City court circuit for a sentencing submission by the prosecution, defense, and victim legal team.
“I cannot deny crimes I committed. I cannot deny that I also served in the LRA. I was a junior officer and I acted on orders. But right now, I am the face of LRA being tried in Uganda. I am sorry. But I request the court use its discretion to give me a lighter sentence to come out and unite with my children and live a normal life again,” Kwoyelo pleaded
His plea came after presiding Judge, Justice Michael Elubu granted him the opportunity to make his submission after the prosecution prayed the convict to be given a sentence of imprisonment for life.
In addition to asking for pardon, Kwoyelo requested the religious leaders, Acholi elders, victims, and President Museveni to consider that he was a child abducted and conscripted by LRA leader Joseph Kony into the rebellion without his will and therefore he should be excused for the crimes he is convicted on.
Kwoyelo told the court that for the 16 years, he has been on remand, he has regretted his action and has become very remorseful once the court sets him free, he will get the chance to reconcile with the affected communities and lead a good life by initiating a course that portrays remorsefulness.
He pleaded that the Court should consider him as the victim of the LRA war who equally suffered the wrath of the insurgency and yet the government of Uganda had the obligation to protect or rescue him at a time he was arrested at only 12 years old.
Background
Kwoyelo Thomas was convicted on July 13th this year of 44 charges of war crimes and crimes against humanity he committed between 1992 to 2005 in northern Uganda and part of eastern Uganda and South Sudan.
The counts include murder as a violation of the article, pillage, cruel treatment, and outrages against personal dignity contrary to Article 3 (1)(a) of the Common Geneva Convention. Other counts are torture, imprisonment, rape, kidnap with intention to kill, enslavement, violence to lives, and other inhumane acts as crimes against humanity according to customary international law.
During the submission, the Prosecution led by Richard Kamuli, prayed to the court to give a maximum sentence of life imprisonment for eight counts of murder and kidnap with intention to kill. They also prayed the court give Kwoyelo 30-50 years of imprisonment for the counts of torture, rape, cruel treatment, and slavery and the sentences should run consecutively.
Kamuli cited the attack of Pagak IDP in Amuru district where 31 people were killed, some victims were tortured while their hands were tied 544 huts with household properties burnt, and others looted, as one of the heinous crimes that have never been documented before in the history of Uganda.
On reparation, the persecution prayed that the court pass an appropriate order for reparation aware that Uganda’s legal regime lacks reparation. Kamuli says from the evidence presented in court, the victims who got injuries, lost properties, and the community infrastructures including schools, hospitals destroyed need to be restored so that justice is served.
He prayed that before passing judgment, the court should further consult the National Transitional Justice Policy bill which was recently adopted by the cabinet of Uganda because among the items covered include the issue of reparation as a national form of transitional justice in the country.
However, Counsel Ochieng Evans for the defence disagreed with the prayer of the prosecution, saying that the effect of the prosecution’s prayer is that, the convict should see any life outside prison.
He prayed to the court to consider the age of the convict Kwoyelo who is 49 years old and the life expectancy of Ugandans visa vie the prosecution for the sentence duration and award him a linear sentence.
Those submissions go against the principles and purposes of imprisonment, my submission is that the prayer contradicts the jurisprudence setting of international law and even contradicts the decision the prosecution had relied on. He argued that under no circumstance can the ICD court invoke a maximum sentence of 30 years internationally accepted.
Lawyers want Kwoyelo set free
In a rejoinder submission for the defence, Counsel Caleb Alaka for the defence said there is no maximum sentencing duration in any international regimes of sentencing including the ICC statute, a convict can be awarded the maximum sentence of more than 3o years imprisonment and in any case, Kwoyelo should be set free because he overstayed in remand of upto 16 years.
Alaka submitted that the convicting of Kwoyelo is proof of accountability to the community and the court should be mindful that many people abducted at 12 years old are still in the bush and would want to return, and the sentence should help to bring unity among affected communities in Northern Uganda and allow more captives to return home.
“Kwoyelo was abducted 12 years and he never experienced any life outside prison. Look at the background and opportunity so that he can also live a life like a normal human being. We besiege court to look at the 16 years Kwoyelo stayed in remand and set him free”
He argued that as much as victims need compensation and reparation, the court should give order to the government of Uganda to take full responsibility for compensating the victims because Kwoyelo has never had any asset in his name since he was born and the only properties he has, are his suits bought by the court.
However, the ICD judges are set to sentence Kwoyelo on October 25th at Gulu High Court Circuit. The session was presided over by Justice Michael Elubu. Other ICD judges included Justice Stephen Mubiru, Bashaija K Andrew, and Duncan Gaswaga.
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