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    Kwoyelo Victims Express Discontent Over 40-Year Sentence

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    Kwoyelo Victims Express Discontent Over 40-Year Sentence
    • October 29, 2024 • 5 months ago
    in summary
    Justice Duncan Gaswaga explained that there was no evidence to suggest Kwoyelo posed an ongoing threat to society, which contributed to the decision not to impose life imprisonment.

    GULU, UGANDA | A group of victims affected by the crimes of former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo has voiced dissatisfaction with the 40-year prison sentence handed down by Uganda's International Crimes Division of the High Court.

    Kwoyelo was sentenced on Friday for war crimes and crimes against humanity committed between March 1993 and June 2005 in what is now Amuru district. Justice Michael Elubu remarked that the sentence reflects the severity of Kwoyelo's offenses, particularly the murder charges.

    In August, Kwoyelo was found guilty of 44 crimes, including torture, murder, pillaging, kidnap with intent to murder, rape, and cruel treatment. Following the 15 years he has already served since 2009, he will effectively serve 25 years.

    While some victims welcomed the sentence, others expressed frustration, deeming it inadequate given the severity of Kwoyelo’s actions. Richard Kirom, a victim from Pabbo Sub-county, stated that he believes the sentence does not serve justice, as Kwoyelo will be eligible for release after only 25 years. Kirom advocated for expedited reparation processes for victims.

    Grace Adong, who was attacked in the Pagak Internally Displaced Persons Camp, was also disappointed, expecting a life sentence for Kwoyelo. She shared her anguish over the suffering she endured after being abducted by the LRA at the age of nine and held until 2005.

    During sentencing submissions on October 14, the prosecution had called for life imprisonment, stressing the extreme suffering inflicted on innocent civilians. However, the court opted against this, indicating that life sentences are reserved for the most severe offenses and that Kwoyelo does not fall into this category.

    Justice Duncan Gaswaga explained that there was no evidence to suggest Kwoyelo posed an ongoing threat to society, which contributed to the decision not to impose life imprisonment.

    Victims' counsel Robert Mackay clarified that while victims sought a longer sentence, Kwoyelo was convicted under international law, which has a cap on sentencing. Mackay emphasized that the focus should now be on securing reparations for the victims to aid their recovery.

    The court has committed to conducting separate proceedings to address the victims' claims for reparations, instructing the victims' counsel to submit a formal application that will include the attorney general as a party.

    A total of 132 victims from Pabbo and Pagak Sub-counties participated in the trial after voluntarily applying. Kwoyelo is now the second LRA commander to be sentenced for the atrocities committed during the LRA insurgency, following Dominic Ongwen.

    LRA leader Joseph Kony remains at large, wanted by the International Criminal Court (ICC) for 36 counts of war crimes and crimes against humanity linked to his actions in northern Uganda from 2002 to 2005.

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