After he was captured by the army in Garamba national park in 2005 and detained in Luzira prison, LRA commander Thomas Kwoyelo renounced rebellion and hoped to be set free under the Amnesty Act - just like some 26,000 former combatants have been.
Instead, he was charged with such offences as willful killing, taking hostages, extensive destruction of property, killing innocent civilians and causing serious bodily harm. Prosecution contends that in March 1993, Kwoyelo commanded an attack on Pagak camp for internally displaced persons in northern Uganda, in which several people were killed and others taken hostage.
Kwoyelo, 45, took his case to the Constitutional court, which agreed with him. But the state appealed in the Supreme court, which ruled last Wednesday that Kwoyelo should stand trial. By its arguments, the court clarified the legal situation on who qualifies for amnesty.
SIRAJE LUBWAMA and DERRICK KIYONGA have studied the Supreme court ruling, and now explain why Kwoyelo did not qualify for amnesty.
In a unanimous decision, the Supreme court ruled that some of the acts Kwoyelo committed during the LRA insurgency in northern Uganda were triable. The panel of judges, led by chief justice Bart Katureebe, also had Benjamin Odoki, Jotham Tumwesigye, John Wilson Tsekooko, Christine Kitumba, Galdino Okello and Dr Esther Kisaakye Mayambala.
Katureebe noted that grave crimes like murdering, raping, and kidnapping minors do not fall under those crimes that warrant the DPP to grant amnesty. Read more
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