Compensating Kwoyelo unrealistic, says judge

The head of the International Crimes Division of the High Court (ICD), Justice David Wangutusi, has asked government not to rush to compensate former rebel leader Thomas Kwoyelo, arguing that this may psychologically hurt victims of the LRA war.
While chairing an ICD outreach meeting in Gulu Town on Monday, Justice Wangutusi said it would be unfair and unjustifiable to compensate Kwoyelo when his victims have not been paid by government.
“Should the government go ahead to pay that compensation, there is a likely scenario where the public might misunderstand it; victims and members of the public are expecting compensation from the government to come to them,” he said.
Justice Wangutusi was responding to participants who demanded to know if the compensation awarded by the Court of the African Commission on Human Rights to Mr Kwoyelo had been paid.

Court ruling
In October 2018, the African court ordered the Uganda government to compensate the former rebel leader for violating his rights under the African Charter, including his right to a fair trial.
Mr Kwoyelo is currently facing charges of war crimes, crimes against humanity, torture and abduction with intent to murder, among others, reportedly perpetrated in Gulu and Amuru districts during the LRA war.
Although the amount of money was not stated, the government was ordered to pay the compensation basing on ‘international standards’ and to report the progress to the commission within 180 days. Mr Kwoyelo’s trial started in 2009.
Justice Wangutusi suggested that once the government moves to pay Mr Kwoyelo, it has to be in compliance with the law.
“We should guard against the people misunderstanding the government’s intention in such compensation; ideally the public and victims expect the compensation to come to them,” he added. Mr Kwoyelo’s defence lawyer, Mr Geoffrey Borris Anyuru, said he is following up the compensation demand from government.
Justice Wangutusi, meanwhile, explained that Mr Kwoyelo’s hearing had delayed due to financial constraints facing the ICD and the complex nature of his charges.
The trial against Mr Kwoyelo resumed at the beginning of October 2019. At least 300 prosecution witnesses have been lined up to testify against the former rebel leader.
Security assurance
Meanwhile, police and army leadership assured the ICD of security during the trial after the October 2019 hearing was prematurely ended after a reported plot by gangs to raid the court and abduct Mr Kwoyelo.
The ICD deputy registrar, Ms Beatrice Stella Atingu, challenged the army and police commanders who attended the Monday meeting to explain whether it was still safe to conduct the trial from Gulu.
But Mr Ezekiel Emitu, the police commander for Aswa region, said the alleged plot to attack the court was unrealistic.
“Before we hold sessions here, we usually have a process in which we sit as security and determine how to secure these sessions of the ICD. I want to allay your fears that we have a very competent security team here and with enough manpower,” Mr Emitu said.
Maj Telesphor Turyamumanya, the 4th Division army spokesperson, also said no one will disrupt the hearing.
“I want to assure this court that there will not again be any such threats or plans,” Maj Turyamumanya said.

Compensation order
In October 2018, the African court ordered the Uganda government to compensate the former rebel leader for violating his rights under the African Charter, including his right to a fair trial.
Mr Kwoyelo is currently facing charges of war crimes, crimes against humanity, torture and abduction with intent to murder, among others, reportedly perpetrated in Gulu and Amuru districts during the LRA war.