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High Court Rules Kwoyelo Thomas Former LRA Commander Must Face Trial for 78 Crimes

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The High Court International Crimes Division rules that Kwoyelo Thomas must answer to 78 out of 93 charges, including Crimes Against Humanity and War Crimes related to the Lord’s Resistance Army rebellion. Loss of some counts is due to factors like death and relocation of witnesses.

Former Lord’s Resistance Army commander Thomas Kwoyelo appearing at the International Crimes Division of the High Court sitting in Gulu City on Monday 18th December, 2023

The High Court International Crimes Division has ruled that Kwoyelo Thomas alias Latoni has a case to answer in 78 out of 93 charges and therefore put him on his defence in respect thereof.

Kwoyelo Thomas alias Latoni was being prosecuted by the Office of the Director of Public Prosecutions (ODPP) for 93 crimes including Crimes Against Humanity and War Crimes among others committed during the rebellion of the Lords Resistance Army (LRA) against the Government of Uganda from 1992-2005.

The crimes included Grave Breaches against the Fourth Geneva Convention under the Geneva Convention Act, 1964 including; Wilful killing, taking hostages, Extensive destruction of property, Causing serious injury to body, and Inhumane treatment. They also include Crimes Against Humanity under Customary International law of Murder, Imprisonment, Rape, cruel treatment, Outrages upon personal dignity, Enslavement, Torture, Pillaging. Further, they include alternative charges of Murder, kidnap with intent to murder, aggravated robbery, attempted murder, and offences under the Penal Code Act, Cap 120.

A panel of four judges hearing the case, comprises Justice Michael Elubu – Head, Justice Stephen Mubiru, Justice Duncan Gaswaga and Justice Andrew Bashaija.

Following the ruling, Kwoyelo Thomas alias Latoni will be defending himself for 78 offences including Grave Breaches of the Geneva Conventions including Murder, Pillaging, Cruel treatment, Violence to life, Outrages against the dignity of a person under the Geneva Conventions Act of 1964, Crimes Against Humanity under customary international law including Torture, Rape, Enslavement, Imprisonment and Other  inhumane acts, crimes under the Penal Code Act including Murder, Attempted murder, Rape, Kidnap with intent to murder, and Aggravated Robbery.

Loss of the 14 counts is attributed to death, relocation, loss of memory, and advanced age of some prosecution witnesses who could not testify.

The matter was adjourned to 19th January 2024 for mention.

This case is being prosecuted by George William Byansi-Deputy DPP, Charles Richard Kaamuli-Assistant DPP, Florence Akello-Assistant DPP and Lillian Omara Alum-Chief State Attorney.

A panel of four judges is hearing the case and comprises Justice Michael Elubu – Head, Justice Stephen Mubiru, Justice Duncan Gaswaga and Justice Andrew Bashaija.

The accused is represented by Caleb Alaka-Senior Counsel, Evans Ochieng-Senior Counsel, Dalton Opwonya and Boris Geoffrey Anyuru-Counsel.

Counsel Amooti Jane Magdalene and Henry Komakech Kilama are the victims’ counsel.

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