Thomas Kwoyelo before the ICD in Uganda (11-12-13-14 March 2019 audiences)

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THE CASE OF THOMAS KWOYELO BEFORE THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT IN GULU 14 March 2019 The trial of former LRA Commander Thomas Kwoyelo alias Latoni, resumed before the International Crimes Division of the High Court of Uganda (ICD), sitting at Gulu High Court premises from 11 until 14 March 2019. Over the course of 4 days, a number of issues were addressed ranging from the need to ensure that victims lawyers are facilitated, the presentation and administration of the assessors, and the presentation of expert witness by the Prosecution team. The trial panel consisted of Justice Jane Kiggundu, Justice Michael Elubu, and Justice Duncan Gaswagga and Justice Mubiru Stephen. Present in court for the parties was Alaka Caleb,Evans Ochen, AnyuruGeofrey and Dalton Opwonya for the Accused, Kamuli Charles, Byansi William and Akello Florence for the Prosecution, and the Victims lawyers, KomakechKilama. Place: International Crimes Division 11 March 2019, 2pm-5pm 12 March 2019, 10:30am-12:20pm, 2:45pm-5:00pm 13 March 2019, 9:15-11am, 11:30am-12:50pm, 2:20pm-5:15pm, 5:30pm-5:40pm 14 March 2019, 9:15am-10am Case Number: Case No 002 of 2010 Accused: Thomas Kwoyelo alias Latoni, former LRA commander Civil parties: Victims from Amuru District in Northern Uganda Summary of the case: Thomas Kwoyelo is a former commander in the LRA. He is facing charges before the ICD. The charges brought against the former war Lord include; crimes against humanity and violations of Article 3 common to the Geneva conventions under Customary International Law and other offences under the Penal Code Act of Uganda. It is alleged that these crimes were committed in Northern Uganda during the conflict between the LRA and the Uganda Peoples’ Defence Force (UPDF). The accused has been facing trial before the division since July 2011. The defence team have filed for bail under Article 23(6)(a) of the Constitution of Uganda. Charges – 93 counts: Murder - Enslavement - Rape – Torture - Imprisonment - Hostage taking - Other inhumane act - Pillaging - Crimes against humanity - Cruel treatment - Outrages against dignity - Violence to life and person as cruel treatment and torture - Kidnapping with intent to murder - Aggravated robbery - Attempted murder - Procuration of unlawful carnal knowledge SUMMARY OF HEARINGS Day 1 (11 March 2019): Kwoyelo’s request for a transfer to the ICC / The need for victims lawyers’ facilitation On 11 March, the ICD commenced the trial of Thomas Kwoyelo. On this day before the proceedings, the accused, through his legal representative, requested for the court to allow him to address them on two issues. The first issue was his allegation of being assaulted by the female prison officer on the day before he was brought to Court. In response, the prosecution team took note of his concern and promised the court that they were going to follow up with the matter, investigate it and report back to court. This illustrates that the court is concerned with how accused persons are treated while in custody.


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