Former Lord’s Resistance Army (LRA) Commander, Thomas Kwoyelo, has been sentenced to 40 years imprisonment in a historic international crimes case.
The Office of the Director of Public Prosecutions (ODPP) in what it termed “a historic moment for Uganda’s judicial system” on Friday, October 25, 2024, secured a groundbreaking 40-year prison sentence against Kwoyelo.
“This sentence marks the first successful prosecution of international crimes within Uganda’s courts, addressing atrocities committed during the LRA’s decades-long insurgency against the Uganda Government,” said Jacquelyn Okui, the PRO Office of the Director of Public Prosecutions.
The International Crimes Division of the High Court handed down a maximum sentence for Kwoyelo, also known as Latoni, in a case that spanned nearly 40 years of Ugandan history and involved extensive charges, including war crimes and crimes against humanity.
The court’s sentences reflect the gravity of the atrocities committed: 1.40 years for each count of murder under War Crimes and Crimes against Humanity; 2.37 years for enslavement, each count of rape, and each count of torture under Crimes Against Humanity; 3.30 years for imprisonment as a Crime Against Humanity and for each count of kidnapping with intent to murder (Penal Code); 4.12 years for outrages upon personal dignity and cruel treatment (War Crimes) and 5.10 years for each count of pillaging as War Crimes.
The court ruled that these sentences would run concurrently, meaning Kwoyelo will serve a maximum of 40 years (inclusive of the 15 years he has spent on remand). In arriving at the sentence, the court weighed both aggravating and mitigating factors. Kwoyelo’s senior command position, his direct involvement in acts of extreme brutality, and the deep physical and psychological scars left on victims weighed heavily in sentencing.
However, the court also considered that Kwoyelo had been forcibly conscripted into the LRA at age 12, held only a mid-level command role, and had expressed remorse with a desire to reconcile with victims. The court is set to conduct additional proceedings to address the issue of reparations, inviting participation from the Victims’ Counsel, Prosecution, Defense, and the Attorney General.
“This step underscores the criminal justice system’s commitment to providing justice not only through punishment but also by acknowledging and addressing the suffering of victims. Kwoyelo’s legal journey has been long and complex,” said Okui.
He was initially charged with 93 counts spanning violations of both international humanitarian, international customary, and Uganda laws, including murder, pillaging, enslavement, and torture, Kwoyelo faced charges dating from 1987 to 2005. In December 2023, the court acquitted him on 14 charges, directing him to answer the remaining 78.
Following the presentation of evidence, Kwoyelo was found guilty of 44 counts, while 33 alternative charges were dismissed. The charges spanned from 1) War Crimes like murder, pillaging, outrages upon personal dignity, cruel treatment, and violence to life and 2) Crimes Against Humanity like murder, imprisonment, cruel and inhumane acts, enslavement, rape, and torture, and 3) Penal Code Violations like multiple counts of kidnapping with intent to murder.
Kwoyelo’s prosecution was led by a committed team from the ODPP, including Deputy DPP George William Byansi (Head), Assistant DPPs Charles Richard Kaamuli, Florence Akello Owinji, and Chief State Attorney Lillian Omara Alum. The High Court’s distinguished panel of judges – Justice Michael Elubu (Head), Justice Stephen Mubiru, Justice Duncan Gaswaga, and Alternate Judge Justice Andrew Bashaija – presided over the case, offering keen insights and guidance throughout the proceedings.
Kwoyelo’s defense team included prominent Senior Counsels Dalton Opwonya, Caleb Alaka, Evans Ochieng, and Borris Geoffrey Anyuru, while victims were represented by Lead Counsel Robert Mackay, Amooti Jane Magdalene, and Henry Komakech Kilama. The investigation was expertly handled by SCP Tumuhimbise Baguma Venis and D/ASP Ogen-Mungu Lawrence from the CID of the Uganda Police Force.
“This landmark case represents a major milestone, establishing a precedent for the prosecution of international crimes within Uganda’s national legal framework. It demonstrates the country’s commitment to holding perpetrators of war crimes and crimes against humanity accountable. The ODPP extends its deepest gratitude to the stakeholders whose support was instrumental in securing this significant conviction. We thank the Judiciary, Police, Justice Law and Order Services (JLOS), Justice Rapid Response, ICC Uganda Office, British Council, Refugee Law Project, Advocates San Frontiers, Prof. Kim Thuy of the U.S., local leaders, affected communities, as well as the witnesses who courageously testified,” said Okui.
She added: “This landmark case represents a major milestone, establishing a precedent for the prosecution of international crimes within Uganda’s legal framework. It demonstrates Uganda’s commitment to holding perpetrators of war crimes and crimes against humanity accountable and reinforces Uganda’s place in the international community as a jurisdiction where justice for atrocities is pursued rigorously. This sentence not only delivers a measure of justice to Kwoyelo’s victims but also affirms Uganda’s commitment to healing and restoration for communities that have suffered unimaginable harm. For victims, the 40-year sentence represents a recognition of their suffering and a validation of their courage in seeking justice.”
The proceedings, which included the perspectives and needs of victims, highlight Uganda’s growing focus on a restorative approach to international crimes, addressing both the harm caused and the need for meaningful reparations.
According to Okui, this historic conviction also serves as a stern warning to any potential perpetrators of similar crimes.
“The gravity of the sentence and the thoroughness of the prosecution process demonstrate that there will be no impunity for those who commit atrocities. Uganda’s criminal justice system is prepared to respond decisively and effectively to violations of international humanitarian law, affirming that those responsible for serious crimes of global concern will face justice,” she added.
