The sentence was handed down by a four-judge panel of the International Crimes Division (ICD) of the High court, sitting at Gulu in northern Uganda.
Kwoyelo was found guilty in August of 44 charges, including murder, torture, rape, pillaging, kidnapping with intent to murder, cruel treatment, and outrages to personal dignity. His crimes were committed between March 1993 and June 2005 in Kilak county, within Lamogi and Pabbo sub-counties in Amuru district. He will serve 25 years of the sentence after a deduction of 15 years for time served in custody at Luzira Maximum Prison since his 2009 incarceration.
In his sentencing remarks, Justice Michael Elubu emphasized that the 40-year sentence reflects the gravity of Kwoyelo’s crimes, particularly on the charge of murder. Elubu also informed Kwoyelo of his right to appeal the conviction or sentence within 14 days.
The court refrained from issuing a death sentence, citing the lengthy period Kwoyelo had already spent in remand and emphasizing the amnesty act’s commitment to transitional justice and reconciliation. Life imprisonment was also ruled out, as the judges deemed that Kwoyelo’s offences, while grave, did not reach the level of brutality or hopelessness for reform typically warranting a life sentence.
During the October 14 sentencing submissions, prosecutors and victims’ representatives had requested a life sentence for Kwoyelo. Justice Duncan Gaswaga, however, said that the court, in assessing the totality of the evidence, considered Kwoyelo’s position within the LRA, the mitigating circumstances, and his young age upon conscription.
“The commission of offences was marked by extreme brutality, sadism, and cruelty employed. The vilest acts such as the ones in Pagak were reserved for reprisal attacks. The victims have been left with lasting physical and mental pains and sufferings,” said Gaswaga.
The court acknowledged mitigating factors, including that Kwoyelo was conscripted into the LRA at the age of 12 and has since shown remorse and a willingness to reconcile with the victims. Given the hierarchical structure of the LRA at the time, Kwoyelo was not responsible for the organization’s overall strategy or command.
Kwoyelo’s defense team, led by Evans Ocheing, has indicated that they plan to appeal the sentencing. Ocheing argued that certain aspects of the sentence do not serve the ends of justice and expressed concerns over its length despite the 15-year deduction. He mentioned that they would escalate the appeal up to the Supreme court if necessary.
“We have got instructions to appeal the convictions and the sentences. We feel some of the sentences imposed do not reflect the ends of justice. They are long sentences, the maximum which they have imposed is 40 plus the deduction of someone who has already spent about 17 years, they have imposed a sentence of 27 years. So we feel that there are flaws in the sentence and we want to indicate that we’ll be going to the court of appeal and where need be maybe in the Supreme court so that some of the issues and framework are clarified,” said Kwoyelo.
The victims’ counsel, Robert Mackay, welcomed the sentence, affirming that justice has been served for those who suffered due to the LRA’s actions. He expressed gratitude to the government of Uganda for establishing the ICD, highlighting its role in delivering justice and curbing impunity. Mackay added that reparations proceedings would commence to ensure victims receive compensation for their suffering.
“We’re very very happy with the decision of court, the victims have suffered for quite a while and we appreciate the government of the Republic of Uganda for having established this court with a view of ending impunity because crime doesn’t fade. As we have realised today with the support of our government, establishing the International Crimes Division we have managed to get justice for the victims. As ordered, we shall engage in reparations proceedings to ensure that the victims of crime are put in a better place for the injuries and sufferings they have got for the past decade in Northern Uganda,” said Mackay.
The court has scheduled separate proceedings for the reparations claims. Justice Elubu directed that a formal application for reparations be filed, with the Attorney General joined as a respondent. Victims’ counsel is expected to serve the application by November 8, with responses from the prosecution, Attorney General, and defense due by November 22.
Kwoyelo’s conviction marks the first time a mid-level LRA commander has been sentenced in a Ugandan domestic court for atrocities committed during the conflict in Northern Uganda.
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