Monday 19 November 2018

Expert witness testifies about spirituality in the LRA movement


Prof. Kristof Titeca a lecturer and researcher based at the Institute of Development Policy (University of Antwerp) testified as an expert witness at the ICC in the case of Dominic Ongwen on November 19. He testified about spirituality and how it is being used in the LRA. The witness has done research in governance and conflict in spaces where the state is only weakly present, particularly in Central and Eastern Africa. He has researched about conflict and rebel movements in the DRC and Uganda, notably the LRA and ADF in the Democratic Republic of Congo, as well as conflict dynamics in Western Uganda and he has closely collaborated with Gulu University and Uganda Christian University.

Prof. Kristof Titeca’s expert report was admitted into evidence in line with ICC rule 68 (3) regulating the admission of a prior written report and related evidences. He told court that he did a research titled ‘Growing in the Cosmological Space’ on request of Ongwen’s defense teamin which he interviewed about 500 respondents including 120 LRA ex-combatants on how spirituality is being experienced by individual LRA combatants and the meaning they give to it as well as the impact of spirits on combatants.

The witness told court that the LRA has several different aspects including spirituality and religion. He said spirituality is a manifestation of cosmology in Acholi land in general. He defined cosmology as the study of the origin and the future of the Universe. He further explained that the LRA uses this cosmological space to control combatants through believes.

“It doesn’t matter the belief but the impact of the belief on individuals…some had extreme belief in the power of spirits and Joseph Kony,” the witness said.

Prof. Titeca added that this spiritual space serves a range of strategic functions for the LRA as an organization, but also is a profound lived experience for the LRA fighters themselves. He further mentioned that in the LRA, Kony is the messenger who talks to the spirits and then gives orders.“So if combatants say spirits have said…it actually means Kony has said,” he explained. He also said some of the ex-combatants he spoke to had supernatural experiences such as dreams which had tendencies of becoming true, speaking to animals and birds et cetera and some of them continued believing even after leaving the LRA movement.

While responding to Beth Lyons- one of the defense Lawyers who cross examined him in-chief, Prof. Titeca told court that spirituality serves a range of control; from protection during battles, sickness and living in the bush in general. “Spiritual rules have to be followed, you can die if you don’t,” he said. He further explained that the level of belief depends on the length of time and experience in the bush. He  said that some respondents had reached a time when they saw miracles such as bullets not being able to shoot them. “Spirituality in the LRA took elements from the Roman catholic church, Islam and the Acholi Traditional religion,” he said.

While responding to Beth Lyons’ question regarding child abductees, the witness said children grow easily into the spiritual space. As to why somebody becomes part of the spiritual space, Prof. Titeca said there are ‘push’ and ‘pull’ factors. He argued that when people are cut-off from normal environment they easily adopt; and that spiritual elements help abductees as means of inclusion into the LRA. “It helps abductees to survive in the bush…they have to behave, otherwise they will be killed,” Prof. Titeca explained.

He went ahead to explain that the LRA movement uses these spiritual elements as a means to survive as an organization and hence the life of a combatant is very thoroughly regulated by Kony who is constantly visited by spirits. He stressed the fact that many rules come from spirits and others from Kony as well as through dreams, but Joseph Kony has a final say on dreams and spirits.

While responding to Beth Lyons, Prof. Titeca said spiritualism in the LRA was more prominent in the beginning than later especially after ‘Operation Iron Fist’ and the Juba peace talk era.

Defense phase of presenting their witnesses is still going on and they are basing their presentations on spiritualism in the LRA in defense of former commander Dominic Ongwen.

Thursday 15 November 2018

Thomas Kwoyelo’s bail application hearing postponed again


Former Lord’s Resistance Army commander Thomas Kwoyelo appeared at the International Crimes Division of Uganda’s high court sitting in Gulu for his bail application hearing on 15th November, however, the hearing did not take place because defense requested for an adjournment. Defense lawyer- Dalton Opwonya said legal representatives of victims demanded for more time during a status meeting held before the start of the session in the chambers. He actually said, following a ruling that was made on Wednesday 14, allowing some victims to participate in the trial, there is need to give victims’ counsel time to consult their clients before the bail application can be heard. He added that the prosecution had also just received particulars of Kwoyelo’s sureties therefore they needed time to review and verify, and that being a sensitive case, there is need for defense to do thorough legal research on the matter which also needs time.
Kwoyelo is facing 93 counts of war crimes and crimes against humanity confirmed by the pre-trial judge on August 30 thereby paving way for the main trial to kickoff. On November 13 the accused denied all the charges. He is being prosecuted for violating Customary International Law and the Penal Code Act due to war crimes and crimes against humanity alleged committed in Pabbo during the conflict in Northern Uganda.
While responding to defense’ submissions, prosecution lawyer- William Byansi asked court to dismiss the bail application because the defense was not ready, but he agreed on behalf of the prosecution to the need for more time for victims representatives to consult their clients. Defense counsel Dalton Opwonya denied not being ready for the bail hearing noting that it’s due to victims counsel request for more time to consult their clients, “it must be respected,” he said.
Victims lawyer Henry Kilama agreed with the defense request for an adjournment stating that, “It is in the best interest of victims to be catered for… In all fairness all parties should be given a chance,” Kilama said. He requested court to order the registrar of the court to facilitate victims counsel to consult their clients.
In her ruling therefore, lady justice Jane Kiggundu who presided over proceedings noted that prosecution needs time to verify information of the sureties and victims counsel needs time to consult the victims on their views as regards Kwoyelo’s bail application. She then ordered that; the registrar should facilitate victims lawyers to meet their clients and that for every document to be served, it must be within a reasonable time frame. The bail application hearing was adjourned to 18th January 2019.
Meanwhile on Wednesday 14th court delivered its ruling on victims applications gathered and presented to the court by legal representatives of victims to allow them participate in the trial. In the ruling, the trial panel ruled that using pass-fail evaluation, participant group referred to as ‘A’ met the criteria to be admitted to participate while those referred to as ‘B’ did not meet the criteria and those referred to as ‘C’ can reapply upon obtaining further better particulars. The ruling took place at the ICD sitting at Gulu High court.

Tuesday 13 November 2018

Former LRA commander Thomas Kwoyelo pleads not guilty to all charges


Former Lord’s Resistance Army warlord- Thomas Kwoyelo has denied the 93 charges brought against him by the Directorate of Public Prosecution (DPP) in Uganda. Kwoyelo appeared before the International Crimes Division (ICD) of the High Court of Uganda sitting at the Court in Gulu on Monday 12, and Tuesday 13, November for mention of charges and plea taking. While responding to charges being read by the ICD registrar Harriet Ssali, Kwoyelo said, “I have heard and understood the charge…I did not do it and I don’t know anything about it.” The proceedings attracted a number of people including the Civil Society, and the general public.


Kwoyelo is facing 93 counts of war crimes and crimes against humanity confirmed by the pre-trial judge on August 30 thereby paving way for the main trial to open on September 24, 2018 but it was cut short due to defense objections that the accused was not fully aware of the charges against him due to a poorly translated indictment to the accused. The trial panel was forced to adjourn reading of charges and plea taking to November 12 in order to give time for proper translation to Kwoyelo in Acholi language. The charges result from his alleged role as a top LRA commander during the war in northern Uganda. He has been in detention since the Ugandan army captured him in 2008, and his trial has progressed at a slow pace.

All the charges against Kwoyelo were brought under Customary International Law common to Article 3 of the Geneva Convention of 1949 and the Penal Code Act. In the indictment, prosecution alleges that the accused and others still at large commanded and took part in several violations of the law despite being aware of the outcomes of such acts and the law that protect the victims of such acts. The charges include pillaging, murder, torture, rape, outrages upon personal dignity and other war crimes and crimes against humanity allegedly committed in Pabbo during the conflict in Northern Uganda.

Meanwhile during reading of charges, the defense objected redacted disclosure by the prosecution. The prosecution used codes such as C1, C2, C3 while referring to certain persons as a means of witness protection but Defense Lawyer Caleb Alaka argued that for the accused to plead, all aspects in a charge must be sufficiently understood. “The particulars in the charge sheet must be sufficient to answer…who is C4? If we can’t understand, he can’t understand,” added Opwonya another defense lawyer.
In response to this matter, prosecution lawyer William Byansi insisted that coding of victims was done in accordance with the law i.e. ICD rule 22 (2) of 2016 which provides for redacted disclosure, delayed disclosure and non-disclosure. “It was the only way to protect some of the most vulnerable witnesses since the trial had not yet begun…full disclosure will be done at a later date.” Byansi further insisted that security of vulnerable witnesses is still an issue and there is no other form of protection other than not disclosing their identity, he further mentioned that the scope of disclosure was not properly defined during pretrial.
Legal representatives of victims on their part held that it was almost impossible to know whether the coded victims have a dual status [witnesses and victims at the same time]. “It might not be beneficial to disclose at this point, but the question is, at what point will the court allow disclosure,” said Henry Kilama. He also emphasized that in absence of protective measures, thorough assessment must be done before disclosing identities. “Court should be guided by rules 21, 22 (3) (6) (7) of the ICD rules,” Henry Kilama a victims lawyer argued.
This matter prompted the trial panel to adjourn the session for 20 minutes so as to resolve the matter. When proceedings resumed the defense counsel allowed plea taking to go on by stating that, “The prosecution has consulted the accused and done restricted disclosure…they explained to him in details…we are ready to proceed,” Dalton Opwonya said.
Plea taking ended on November 13, and the matter was adjourned to February 4, 2019 for the prosecution to make their opening statement. The next item is bail application hearing set to take place on November 15.







Thursday 8 November 2018

To survive in the LRA one needs to do everything asked of him; witness tells court

On November 8th, Odong Audi Kakanyero- a former Lord’s Resistance Army abductee testified in the trial of Dominic Ongwen at the ICC about his relationship with Ongwen, abduction and escape from the LRA. Kakanyero is a born of Corom- a village from where Dominic Ongwen originates.
Kakanyero referred to Dominic Ongwen as his brother, “I should refer to him as my brother because our fathers are clan brothers.” He narrated how the LRA captured him, Ongwen and OpioOloro from Corom on their way to Alero P.7 School where the trio were schooling in 1987. He also explained the initiationrituals carried out to integrate them into the rebel group, which he said created fear and thoughts that something bad would happen to him. “Smearing me with shear butter changed the world for me, I never felt myself after.” Kakanyero recalled.
While responding to Bridgman- one of the defense lawyers who examined him in-chief, Kakanyero told court that Dominic Ongwen was not more than 11 years old at the time of abduction. He further mentioned that they were abducted at a time when the LRA where still relying on stones to fight the government soldiers. He also recalled that while in the bush, they were always told that they were abducted because the new government was forcefully recruiting people to go and protect their cattle in Ankole [South western part of Uganda known for rearing cattle]. “…sothey said we were abducted for our own security, “he explained
The witnesses further told court that while in the bush, they were taken through various trainings by a commander called Omony who he said was a second lieutenant at that time and was in charge of abductees. “They said the training was to enable us protect ourselves.”Kakanyero said. Healso recalled how Lt. Omony attempted to escape from a place near Patiko but was captured and gruesomely buttered to death using an axe.
“…they ordered that Omony be caught and brought back or else people should be killed from his home village.” The witness recalled that, Omony was apprehended and axed to death in front of everyone as a lesson for those who wanted to escape. He told court that this experience coupled with several other killings witnessed later on created a lot of fear in him.
While responding to another question from Bridgman, Kakanyero described Dominic Ongwen as, “a very good child; well behaved and calmest,” amongst all the children with whom they lived prior to abduction. While in the bush, he said there was no time to interact with Ongwen because of constant pursuit by the UPDF. “The only thing is to keep praying to God to keep you alive” he said
He also narrated about his first battle which paved way for his escape three months after abduction. He told court that he was selected among 400 soldiers to attack John Garang’s [late] base in current South Sudan in order to obtain guns. Armed with logs and sticks, the troops were taken to the yard for prayers before setting off for battle. He described the yard as the holiest place in the LRA. While in the yard, they sung praise and worship songs to God to grace the battle.
In the battle, the witness said, he sustained injuries in the stomach and  was taken to a sick bay in Patiko from where he got an opportunity to escape. He stated that his escape was possible because guards in the sick bay were least capable of recapturing him than the ‘special forces’. He added that to be able to survive in the LRA one needs to do everything asked of him.
While responding to Bridgman’s question regarding how Ongwen felt after witnessing killings, Kakanyero said Ongwen was depressed but had nothing to. “If you are in the hands of a beast you have to do what he asks,”he said.
The witness further told court that when he returned home, he found out that Odomi’s [referring to Ongwen] parents were not there and after inquiring, he was told that they were killed by the LRA.
Both the prosecution and legal representatives of victims declined to cross-examine the witness

Wednesday 7 November 2018

Thomas Kwoyelo’s bail hearing at the International Crime Division postponed


On November 6, the International Crimes Division (ICD) of the High Court of Uganda convened at the ICD court in Kololo for a bail hearing of former Lord Resistance Army (LRA) commander Thomas Kwoyelo, who through his defense lawyers filed for bail recently in an application written to the trial panel.


Kwoyelo is facing 93 charges of war crimes and crimes against humanity confirmed by the pre-trial judge on August 30 thereby paving way for the main trial to open on September 24, 2018 but it was cut short due to defense objections that the accused was not fully aware of the charges against him due to a poorly translated indictment to the accused. The trial panel was forced to adjourn reading of charges and plea taking to November 5 in order to give time for proper translation to Kwoyelo in Acholi language. The charges result from his alleged role as a top LRA commander during the war in northern Uganda. He has been in detention since the Ugandan army captured him in 2008, and his trial has progressed at a slow pace.

Kwoyelo through his defense lawyers however applied for bail recently and court had to handle the matter before the main trial resumes thereby forcing the trial panel to hold a bail hearing instead, on November 5th a date which was earlier scheduled for reading of charges and plea taking.

In his preliminary submission however, defense lawyer Charles Dalton Opwonya asked for an adjournment because the defense was not ready to proceed with the bail hearing. “Our main surety Gilbert Oulanya-MP Kilak County travelled outside the country on official duties and Counsel Anyuru [another defense lawyer] who is mobilizing sureties is sick.” He said. Opwonya added that the defense is aware that the trial will begin on 12th November, “A trial which will take a long time…we are also aware that the accused has already been incarcerated for 9 years that is why we are interested in this application.” Counsel Opwonya added.

The prosecution team on their part was ready to proceed with senior state attorney William Byansi asserting that, “we came ready to proceed and already filed a reply.” The prosecution expressed their disappointment with the defense; in fact, prosecution lawyer Byansi mentioned that, “It’s unfortunate that the applicants themselves are not ready to proceed.” The prosecution went ahead to say that under normal circumstances, they would have prayed for dismissal of the motion, but due to the uniqueness of the case and also many interests, they shall accommodate the adjournment so that defense’s interest be given an opportunity.

Legal representative of victims Henry Kilama on the other hand insisted that victims’ counsels were not served with the motion by the defense despite the fact that they managed to appear in court; a claim which was refuted by the defense who insisted that victim’s lawyers were served with hard copy documents. Henry Kilama also emphasized the need for victim participation to be taken seriously through facilitating the victims’ lawyers to reach out to the victims before the trial resumes on 12th this month.  He further noted that an adjournment would give more time to interface with the victims; In addition, Counsel Kilama said that, the trial panel should consider best interest of victims in their rulings. “The adjournment should be allowed.” Kilama said in agreement with the defense’ request.

Another defense lawyer Caleb Alaka in his response to victims’ lawyers, held that victims’ participation in particular is contrary to the law at this point because the accused is still innocent until he pleads guilty which has not yet been done. Alaka also emphasized that court should consider the uniqueness of this case while delivering rulings.

Kwoyelo’s case is the first war crimes trial in the history of Uganda, and the ICD has had to create new rules of procedure that allow for victim’s participation and other requirements that arise out of Uganda’s international law commitments.

In her ruling judge Jane Kiggundu who presided over the proceeding ruled that, considering the submissions from all sides as well as the laws applicable in which the presumption of innocence is entrenched; she agreed with the defense request for an adjournment. “I agree with the submission of the defense counsel…the accused is therefore remanded in custody until November 15,” when the bail hearing will resume, she ruled. The main trial which resumes on November 12th will proceed concurrently with the bail hearing which will resume on November 15th, 2018




Tuesday 6 November 2018

“Ongwen was a very simple person and he cared and loved us” the witness told court


On November 5th, a former abductee of the LRA from Aruti, Patiko Sub-County, Gulu district was examined by the defence team of Dominic Ongwen at the International Criminal Court. 
The witness was asked questions about his abduction into the LRA, then about his experience as soldier, and finally about his escape and return home.

He narrated a story of the time when he was abducted by the Lord’s Resistance Army together with other people, women and men. “The women” he said, “were very young, I can firmly say that a lot of them weren’t even adults at the time.” When asked if he tried to run away from the soldiers who were abducting him, he said that he had just one chance when the soldiers were distracted, but unfortunately it was the period of the year when the grass is really tall, so he couldn’t run too fast. The soldiers managed to catch him, and they punished him severely.

After one month in captivity, the army moved them from Kilak to Sudan. There he attended a training to become a soldier and join the army. The Defence lawyer inquired who was the commander of the battalion he was fighting for, after becoming a soldier. The witness mentioned the name of the commander was Okelo Triga.

The witness said that the higher rank of the LRA was the one of Joseph Kony, and that, although there were many commanders and Brigades Masters (BM), nobody else besides Kony could take decisions or defy Kony’s orders. Those who defied his commands were heavily hit and killed. The defence asked if they were the only kind of punishments. The witness explained: “One time we were based in a place that had some sort of prison, and it was used for the disobedient. However, after that base was shut down and the LRA moved somewhere else, they started killing them, it was easier that way.” Even Senior commanders, that were a very high ranking in the LRA, were killed as anybody else in the army if defying a command coming from Kony.

Showing to the Court a picture of the witness hurt and bleeding, the defence counsel, asked the witness about the battle in which he was shot and badly injured. The witness explained that it was an attack organized to be executed at dawn, so that they moved in the dark of the night following the indications of the intelligence of the LRA, who went previously to discover the place. Because of the darkness the attack wasn’t very well executed and a lot of them got injured or killed. The witness said he was brought back to the LRA barracks by a colleague of his and then taken to a hospital in Juba in an LRA vehicle. He stayed there to heal for two months. When asked about the vehicle, he explained with some uncertainty that it could have been provided by the Sudanese government.

The following issue examined by the Defence Counsel regarded some predictions made by Joseph Kony.  The witness explained that it happened two times that Kony could predict what was going to happen. The first time was around 2002-2003: he predicted a joint attack from the Sudanese and Ugandan army, the Sudan People's Liberation Army (SPLA) and the Arab army. As a reaction he prepared the soldiers for a battle and attacked first.

He was successively asked about the role of women in the LRA and he explained that when they were brought in the bush they were assigned to the senior and junior commanders. The Junior commanders couldn’t refuse to marry the one they were assigned, the senior commanders (one ranking higher than the juniors) could refuse just one time. Sometimes they didn’t even know that they were going to be assigned a wife, but they had to accept anyway.

The witness said he met Dominic Ongwen and spent some time with him, but at the time he wasn’t a commander, he was just a Brigades Master. When asked about his character he said: “Based on my interaction with him, I can tell he loved jokes, he was a funny and careful person. He often could find time to sit with the juniors to interact with them, play cards together… that was his character. Quite childish, making fun and jokes. He was a very simple person and he cared and loved us.”  the witness said

Asked to describe to court the character of Joseph Kony, he said: “it is difficult to describe his character because he had his own life, it was difficult to really know his real character”.

The Defence counsel asked if the witness could recall something related to the time of the peace talks. He explained that he does, but that it was very complicated for him and his colleague to understand what was going on. At the time he was in Apu battalion group, affiliated to Kony’s base, it was one of his security battalions. He joined this battalion around 2008-2009, he said. During the peace talks he was hearing from his colleagues that Kony was taking a lot of time before signing an agreement. He said “the same Kony was telling us why he was hesitating to sign. He said that if the warrants of arrest were still valid, he wouldn’t have signed. He said with these words “if you see a noose you don’t put your head in it”.

The witness explained that the general feelings of the soldiers were happiness and optimism because they thought they could go back home. Instead they were sent to fight more battles. The Defence asked if at the time he had heard about amnesty.  The witness said that all the soldiers did, but that it wasn’t easy to go back home because there were many consequences.  “We could hear testimonies of former commanders on the radio, but we couldn’t understand how they managed to return.” he added.

Friday 2 November 2018

Kalalang commanded the attack in Abok; defense witness tells court


On 1st November, a witness testified at the ICC about his abduction, LRA activities in Lango and Teso, Tabuley’s death and the attack on the Abok IDP camp. Opio a former abductee who was conscripted at age 11 said he was abducted by a rebel leader who he later learnt was called Kenneth, second in command to another leader called Lubul from the LRA group called Twinkle. He said Kenneth took him though routine trainings and he later became his bodyguard, “My role was to carry his bag, gun and chair.” he said. He told court that it took him three years to be given a gun of his own.

He also recalled a mission in Kitgum masterminded by Okot Odhiambo in which he was selected to take part. He recalled that the mission was to obtain guns from government forces. “The mission was not successful because we collected fewer guns than expected.” Opio recalled.

He further recalled that three weeks after the mission in Kitgum, they regrouped and went to Teso in a place called Obalanga. He noted that many deputies including Tabuley who was second in command to Odhiambo went to Teso. “Government soldiers in Obalanga attacked us first… Tabuley ordered us not to attack.” he said. He said the rebels instead tried to flee but in the process entered another ambush in which Tabuley was killed. “Lubul and Kenneth also died in Teso.” Opio added.

The witness also talked about the mission in Abok IDP camp in 2004 in which he took part.  He told court that they were selected by Okot Odhiambo to go specifically and collect food from Abok. He stated that about 200 people were selected but about 20 only had guns. The witness said Kalalang commanded the Abok attack. “Kalalang said we were not going to fight but to collect food only from civilians.”, he said

He explained further that they attacked civilians because they couldn’t give them food voluntarily so the rebels had to take by force. He was responding to a question by Thomas Obhof- one of the defense lawyers of Ogwen who examined him in-chief. He further narrated how the Abok attack was planned.

Mr. Opio told court that two girls were sent ahead to survey the place before the group could attack. He told court that the group collected the food but were intercepted by government forces before they moved far. While responding to Thomas Obhof’s questions on burning huts in the camp, he said, “I did not see any LRA rebel lighting fire with the intention of burning huts.” He further told court that due to pressure from government forces, they dropped the luggage [food] and retreated to their base in Akelo-Aliak where they stayed until the following morning when government soldiers followed them- a battle in which Kalalang was killed and others injured. As a result they fled to their main base called ‘Defense-Auma’ where Kalalang was buried.

While responding to Thomas Obhof about meeting Ongwen, the witness said he met Ongwen only once at a place called Lacek-Ocot which was a meeting point for the LRA commanders.
Talking about his escape from the LRA, the witness stated that he escaped during a mission at a place called Kalongo where they were sent to collect cassava. During the mission, he said the group entered an ambush in which three of his colleagues were killed, “In that mission only five people had guns and when three were shot I had to run my own way.” He said

He also told court that, “The UPDF shot you even if you surrender to them during an engagement.” He noted that during his time with the LRA, he witnessed UPDF shoot unarmed girls who surrendered during an engagement. In the process of running away, the witness said he met civilians who then took him to the camp where he was later taken to a rehabilitation centre.

Lead defense counsel- Ayena also asked the witness a few questions on why he remained in the bush for six years without escaping and what happens when a person violates orders such as burning huts or killing civilians when not told to do so. The witness responded that people who went ahead to kill or destroy property would be punished severely and if he had a gun, it would be taken away and the person demoted to a status of a trainee. He added that he didn’t escape because he was very young and that there were strict rules against escaping. “…they often told me not to think about my family or try to escape because they would come and kill everyone at home… that’s why I didn’t escape.”, the witness said



Friday 26 October 2018

“You can’t violate orders in the Lord’s Resistance Army,” Sixth witness tells court


On Wednesday 24th October 2018, Jackson Acama a former primary school teacher testified about several topics at the ICC in the trial of Dominic Ongwen. Among the issues Mr. Acama testified about included but were not limited to; the formation of the Holy Spirit Movement [now LRA], Alice Lakwena’s powers, Kony and events that take place in the LRA. Jackson Acama, told court that when the National Resistance Army (NRA) [now UPDF] captured power, a section of the then army formed a rebel group called the Uganda People’s Democratic Army (UPDA) locally known as ‘Cilil’.
He narrated how he ended up in the LRA. He said the NRA that had just taken over power did not cooperate with civilians but rather carried out killings, torture, looting and mistreatment of civilians. “This prompted many of us to join the newly formed UPDA” Acama said. He noted that the UPDA did not agree with human rights violations which enabled them to gain local support. Mr. Acama asserted that in the UPDA he was taken as a coordinator responsible for mobilizing food stuff, and sensitizing the community about the objectives of the group; and in 1986 he was taken by the UPDA to meet Kony’s Holy Spirit Movement in a place called Awoo. “It was after being promised that collaborators would be allowed to return…, but to the contrary we were never allowed to return and that is how I ended up being conscripted forcefully into the Holy Spirit Movement [now LRA]. Acama said.

He further said the Holy Spirit Movement was started by Alice Lakwena after being inspired by the ‘holy spirits’. He explained that due to the ‘holy spirits she possessed’, Alice Lakwena became a traditional healer with the right to treat. Because of her skills Alice worked in UPDA as a doctor until when the NRA attacked a UPDA sick bay and killed all her patients. “Spirits commanded Alice Lakwena to declare a war against the NRA in retaliation.” Acama recalled.

Mr. Acama explained that initially, the ‘holy spirit’ ordered Alice Lakwena to form a taskforce of 300 troops with her exclusive after a battle in the eastern district of Mbale. Jackson Acama said at that time there were disagreements which ensued between Alice and the ‘Holy spirit’ who blamed her for failing to unite all Ugandans. “The Holy spirit ordered for her killing” but she escaped to Kenya where she sought asylum. Mr. Acama said that before escaping Lakwena prophesized that, “A boy would emerge and continue the war; the war would begin from Sudan.” Jackson Acama asserted that the boy she was talking about is Kony.

In clarification, the witness said the prophecy came to pass when the ‘Holy Spirit’ manifested itself to Kony on the Awere hill inform of a pigeon at a distance of 10m. “That is how God made him a servant” he said. He further narrated that Kony then joined the UPDA 105 brigade, which he later turned personal and named it the Holy Spirit brigade. He stated that Kony’s spiritual qualities inspired even children to join his movement and this culminated into the fulfillment of Alice Lakwena’s prophecy.

While in the LRA, Jackson Acama said he was recruited as a technician because he was learned. He said technicians have the responsibility of controlling armaments through performing some rituals to render the enemies’ weapons dysfunctional at the battlefront. Similar to technicians, Mr. Acama said are controllers who also control firearms, extortion of spirits among others. However, he explained that whereas controllers go to the field, technicians do not. He said in 1988 when LRA attacked Kitgum he was personally controlling the enemies’ guns from a stream but during that battle in particular, Egyptian made guns called ‘Raskas’ failed to be controlled, but the rest were completely controlled. The witness also talked about ‘control alter and the yard’ which he said is the holiest place in the LRA where all powers of God are exercised.

He also noted that the LRA have very strong regulations against escaping. “You can’t violate orders in the LRA, you can’t initiate your own order and when an order is issued it must be followed.” Acama said. He narrated a story of a man called Ojok who escaped but was pursued and speared to death when the troops got him at a ‘drink-up’ joint after recovering their gun. He further mentioned that the LRA doesn’t condone the rape of women but abducted women are distributed to various soldiers with strict regulations. He further explained that spirits give initial orders that Kony then issues through a chain of command. “This made people to continue to work and stay in the LRA because they believed to be working for God.” He said

The witness concluded his testimony on Thursday October 25th. The next witness will testify on Monday October 29th, 2018

Wednesday 24 October 2018

Fifth defense witness testifies in the case of Dominic Ongwen at the ICC


On Monday 22nd October, the fifth defense witness in the case of Dominic Ongwen testified at the ICC after a two week’s break. Mr. Nathan Emory Iron a former officer in the Uganda People Front/Army (UPF/UPA) who also worked with both the Ugandan government and in rebel activities recalled his previous experiences with the current president of Uganda and close associates before and after he came into power, and how he met the LRA leader Joseph Kony. He described Mr. Museveni (President of Uganda) as “a man who wants to do things on his own.”

Mr. Emory was taken through his testimony by Thomas Obhof- one of the defense lawyers on Monday 22nd October and part of Tuesday 23rd October. Nathan Emory said he was “a guest commander” with the LRA while the group was based in Aru, in the present-day South Sudan. The witness explained that he was with the LRA from around 1996 till 2000.

Among other things Mr. Nathan Emory talked about was the abducted Aboke Secondary School girls who were in the custody of the LRA and the pressures exerted on Joseph Kony by Sudanese government to have the girls released. As a ‘guest commander’, Nathan Emory said he took part in activities aimed at persuading the LRA to stop malicious acts. “I engaged with various agencies in Sudan including the French Embassy in Sudan to compel them to negotiate the release of the Aboke Secondary School girls” Nathan told court.

Nathan further mentioned that he chose to relate with the LRA and negotiate with Kony because President Museveni of Uganda “does things on his own” although his main intention was to resolve the Northern Uganda conflict including the release of abducted girls and disbanding forced recruitment in the LRA.

He further explained some of the rules in the LRA and among them was the rule that demanded everyone to pray at least once a day “however if spirits send a message to the leader Jospeh Kony, we could pray even ten times a day.” Emory said. He revealed to court that in the LRA every new born baby had to be baptized with water and that, mothers were protected and kept away from danger. He said there were a number of such rituals conducted in the LRA camp [Aru camp] where he lived for some time such as“respecting water sources” among others.

Mr. Emory also recalled how at one point they escaped attack by the UPDF on the Karuma-Pakwach road which prompted Joseph Kony to order performance of rituals but he did not recall the exact rituals performed that day.

In addition to that, the witness informed the court that the camp [Aru camp] had good facilities and properly trained health specialist to provide health care to people. And that, at the time Dominic Ongwen was still a young man who one time was in-charge of his [Nathan] security.“He (Ongwen) protected me, his soldiers and the other people very well until Kony came back.” Emory said in part during cross-examination by prosecution lawyer-Gumpert on the second day of his testimony. Prosecution lawyer- Gumpert also asked the witness to clarify some of his submissions, Gumpert went on to read documents authored by the witness on behalf of the LRA, and in response he said “the documents were authored under instructions of Kony.” 

The Legal representatives of victims declined to cross-examine the witness. The last part of his cross-examination was held in private session, and testimonies by defense witnesses are still on-going

Ongwen is being charged with 70 counts of war crimes and crimes against humanity allegedly committed in the former internally displaced persons (IDP) camps of Lukodi, Pajule, Odek, and Abok in northern Uganda. Among the 70 counts are charges of sexual and gender-based violence and the use of child soldiers. His trial started in December 2016 and both the prosecution and legal representatives of victims have finished presenting their cases.


Tuesday 23 October 2018

The Defence Opening Statement of Dominic Ongwen trial reaches Pajule, Pader District


On October 22nd, the population of Pajule and its surroundings had the opportunity of watching the September 18th 2018 opening statement from the Defence counsel in the on-going trial of Dominic Ongwen at the ICC, in The Hague.
The screening of the open statement from the defence was organized by the ICC focal group of Pajule Sub-County in five different parishes. The parishes where the screenings took place were Ogole, Ojile (in Paluo), Paiula, Lokaci, and Koyo.
The exercise received a very high turn-out from the locals with an estimated 1,000 (both male and female of all ages) community members attending. For instance, in Paiula 250 people attended the broadcast. However, the ICC focal group had a few challenges during the process. In Ogole Parish for example, there was a technical problem that delayed the start of the exercise. Besides community members also arrived late since a number of them were engaged in their farm gardens because of the current rainfall in the area
Amazed by the large turnout of community members, an FJDI staff who joined the affected community members in Pajule at the different venues wondered how the mobilization was effectively conducted. “we spent days announcing the upcoming screening…,some of us walked door to door to ensure that every member of the community got the information about the exercise” said one of the ICC focal group member.
At the screening, some of the community members were attending for the first time. Asked why they chose to attend the opening of the defense screening in particular, one said “the defense opening statement couldn’t be missed… In my opinion Ongwen should’ve been found guilty a long time ago, this is why I am curious to hear what the defense has to say”.
Eighty-two (82) kilometres apart from Gulu, comments from the public attending the screening are the same. Many are similar to those made by people who attended previous screenings in Gulu at the district council hall. As some wondered why he (Ongwen) was still in court answering charges on war crimes and crimes against humanity even though he was abducted at a tender age, others expressed their frustrations that the court is taking so long to reach a verdict. In certain instances, people within the community claimed Ongwen can be forgiven by those who suffered during the conflict and want him to come back to Uganda.
Article 68 of the Rome Statute provides for the participation of victims in proceedings of trials of those that harmed them. With support from the Danish Embassy the ICC outreach team has been able to support the participation of victims in the trial process. They have involved and engaged with victims through screening of the trial proceedings in communities affected by the LRA.

Besides the screenings the ICC has gone an extra mile to support victims to attend live court sessions in the Hague. This has largely created awareness about the ongoing trial and boosted victim participation. “with the screening by the ICC, I am informed about what is going on in the court” said a community elder in Abok (one of the case locations in Lango sub-region)

Although perpetrators are of primary importance in any criminal justice process, it’s very important that victims are held close in the on-going trial of Dominic Ongwen because their participation is the driving force to the debates that take place in court. Primary in any court proceeding, victims serve as witnesses to provide court with evidence needed for judges to make their judgement thus supporting court in administering justice for the atrocities committed against them. 

Thursday 18 October 2018

It wasn’t Ongwen but the LRA: Why Ongwen’s Culpability Should be taken into Consideration by the ICC


On September 18th 2018, in defense of Dominic Ongwen the defense counsel led by Krispus Ayena Odongo submitted before the Judges at the ICC that the 70 counts of war crimes and crimes against humanity allegedly committed by their client were committed by the Lord’s Resistance Army under the leadership and command of Joseph Kony.

Counsel Ayena argued that his client, Mr. Ongwen was never present in the former internally displaced persons (IDP) camps of Lukodi, Pajule, Odek, and Abok in northern Uganda and was never involved in the planning of the attacks. Ayena’s counterpart, Charles Acheleke Taku added that just like Vincent Otti, and Okot Odhiambo and others, Ongwen was under duress from the leadership in command during his time in captivity.

In any violent conflict the behavior of perpetrators many times has a mix of innocence and guilt—many would call it a grey area. Child soldiers a category under which Dominic Ongwen clearly falls because he was abducted at a tender age are compelled to commit crimes against communities and people they Love in the course of the conflict. To say that crimes committed in any place is entirely a one man’s responsibility is debatable.

 It is the hope of some victim communities especially those close to Ongwen that the Judges are able to understand the complexities and command structure of the LRA clearly as they seek justice for Ongwen. This shouldn’t be solely based on the premise that modern justice systems are designed to identify individual responsibility.

Although identifying individual responsibility forms the core of modern justice systems, it ought to be understood by the courts such as the ICC that in most African societies, guilt is viewed as collective. Since Ongwen was under the leadership of the LRA that gave the orders. It might be wise to look at his contribution towards the alleged crimes as a collective rather than an individual responsibility because after all trials often seek to bring fourth criminal guilt and not the moral responsibility.







Monday 8 October 2018

Fourth witness in Dominic Ongwen’s trial compares Kony to Hitler


Mr. Okot James, a clan leader and peace mediator, began his testimony with a narration of a story of when in 1972, he had to fly to Sudan from the conflict that affected Uganda and kept him away until 1979. Okot told court that when he returned he became a farmer but, as a result of the LRA conflict, he lost his cattle, goats and crops which has made life very miserable for him in his small village in Pabbo.
Okot narrated how he was abducted by the Uganda People’s Democratic Army (UPDA), taken to the bush and tortured. “In exchange for my return, I was asked to coordinate a group which I tried very hard to reconcile with the government…unfortunately, people had other intentions than peace making my efforts to fail” said Okot.

In 1989, Mr. Okot said he was imprisoned by the Ugandan government in a military barracks and them moved to a civilian prison for a total of four months. The conditions were horrible in both situations, Mr. Okot recalled: “when you’re a prisoner you are beaten, mistreated, you don’t have rights nor voice. You have to obey to protect your own life.” Okot said.

 In the barracks he was subjected to force labour. He uprooted grass and carried big amounts of corn on his shoulders. After four months he was released because they had no evidence to proof his guilt. 
After narrating what he went through while in detention, the defence counsel asked for clarity about his current job. Mr. Okot explained that he is a mediator of inter-clan disputes. In addition, the Defense inquired on the role of different types of spirits making part of the Acholi tradition. For instance, Gemo, which Okot said is an evil spirit associated with diseases like measles and death.

When asked about the link between Joseph Kony and spirits, the witness said that he can’t tell which kind of spirit possesses Kony. However, Okot mentioned that just like Hitler who died and was never found, Kony could equally disappear and hide as if he is possessed by spirits that inform him of what is about to happen.
The trial will resume in two weeks.


Thursday 4 October 2018

First defense witness completes his testimony with a cross-examination by the prosecution


At the ICC today, defense witness Yusuf Adek, a traditional leader from the Pageya clan, went through cross examination by the prosecution. Two days before he had undergone examination-in-chief (that is when a witness answers questions coming from the lawyer who called him/her to the court to testify) during which he went through the history of the LRA conflict, Kony’s way of living, peace talk negotiations and other dynamics of the LRA conflict.
Prosecution’s counsel Benjamin Gumpert asked Mr. Adek several questions during the cross examination. Among them were the Acholi norms regarding looting, killings of women and children, abduction and other issues like the LRA attacks on communities and escape from the LRA.

Mr. Adek told court that the Acholi culture does not allow killing of women, children and looting. In fact, “When you are going into the army, your mother tells you-do not kill a woman, donot kill a child, do not loot… the Acholi culture respects children, they consider a child an angel [Malaika]” he said. He also said the Acholi culture doesn’t allow burning of huts and abductions either.
He therefore argued that all these crimes are happening in the present days because soldiers are not following the norms. Gumpert also asked Adek of his knowledge of attacks waged in the areas of Koch, Padibe and Bolo and the mutilation of body parts such as the arms, ears and mouths and how he got to know about it.

Mr. Adek said he was not sure of exactly what happened in Koch and Padibe but he heard from a former Resident District Commissioner (RDC) who himself crossed one river three times during an attack in Bolo.

In response to the question of how hard it is for a soldier to escape from the LRA, Adek said he wasn’t sure, but a former commander- Okuti told him that it is very hard to escape. “…you fear to tell even your bodyguard” he recalled Okuti mentioning

Mr. Adek also narrated how the same RDC had mobilized community members to attack the LRA using machetes, spears, bows and arrows against his [Adek] advice, a venture which became a boomerang and caused him [RDC] to cross the same river three times after the LRA retaliated. The witness asserted that it was due to his effort that Kony reversed his decision of attacking Bungatira. Mr. Adek added that it was his effort that forced Kony to sermon his commanders against the planned attack.

“If they think machetes, spears, bows and arrows can win wars, why don’t they give machetes, bows and arrows to government soldiers?” Adek said.After the prosecution finished their cross examination of the witness, the defense was also allowed to ask the witness again pursuant to rule 140 (2) of the ICC rules of procedures which allows defense to ask their witness again, after being cross examined.

Adek’s testimony attracted questions from members of the public at the live screening in Gulu. For instance, one community member questioned why witnesses’oath are not taken in the open court. After the cross examination of Adek, defense called the second witness who was protected through face and audio distortion.

Wednesday 3 October 2018

“Ongwen was among talented fighters who can be likened to UPDF’s Paul Lokech” witness tells the Court


On October 1st, 2018, the Defense counsel in the Dominic Ongwen case started the presentation of its evidence before the International Criminal Court. Dominic Ongwen, a former commander of the LRA, is being charged for 70 crimes, including war crimes and crimes against humanity.
The Defense opened their presentation of evidence with the testimony from Yusuf Okwonga Adek, a traditional Acholi leader who worked with Joseph Kony during the peace negotiations.
Mr. Yusuf Adek decided to testify as a public witness, not protected by privacy.  “If you speak the truth, why should you hide your identity?” he said.
During his testimony, Mr. Adek went through the background of the conflict and explained in general the position taken from the population as regards the LRA. “Many people went in the bush with the LRA for contrasting the government, because they were tired of suffering the abuses and violence from it (the government)”.
Adek said he knows Joseph Kony very well, they first met in 1994 and then again during the peace talks in 2004. When they met, He and Kony had a conversation about his contact with spirits. “Kony is subject to spiritual control and his behaviour is not a choice” Adek added.
As a result of his close relationship with Kony, Adek testified that he got the Rebel leader (Kony) to take part in the peace talks, in order to let the Acholi go back to their villages and get education, bury the dead and leave the camps and also to admit to the killing of Vincent Otti as punishment for betraying the LRA. “All those who tried to escape were imprisoned; the LRA fighters would attack their area of origin and kill their parents” Mr. Adek said.
Mr. Adek during Tuesday’s hearing admitted that “Dominic Ongwen was among talented LRA fighters who can be likened to UPDF’s Paul L’okech, whose leadership has calmed the situation in Somalia”. “It is why your boss increases your rank.” He said that “Dominic is a reserved person who doesn’t talk much and if a soldier could be identified by appearance, Ongwen would not be one.” He added.
Asked about their opinions regarding the trial, community members in and around Gulu attending a live screening at Gulu district council hall re-echoed the need for the Ugandan government to be held accountable for its role during the LRA conflict if justice is to be done to Ongwen.

Wednesday 26 September 2018

Kwoyelo Trial Adjourned due to Translation Challenges


On September 24th, 2018, the trial of Thomas Kwoyelo, a former commander of the Lord’s Resistance Army (LRA) began before the International Crimes Division (ICD) sitting at the High Court in Gulu, northern Uganda. Unfortunately, it came to a standstill a day after due to inaccurate translation of the Indictments as alleged by the defense counsel. The trial opened amidst ongoing uncertainty about how long the trial will take. However, the judges gave an estimate of three years as the likely duration for the trial. Questions on reparations for victims at the conclusion of the trial remain unanswered.
Kwoyelo is facing 93 charges of war crimes and crimes against humanity resulting from his alleged role as a top LRA commander during the war in northern Uganda, specifically in Pabbo. He has been in detention since the Ugandan army captured him in 2008.Thomas Kwoyelo’s case has dragged on for a long time majorly because of budgetary challenges. He first appeared before the ICD in 2011 but his trial was delayed due to preliminary objection raised by his defense lawyers. The Objections was regarding his eligibility for amnesty which was valid at the time before the Supreme Court ruled in 2015 that he was not eligible for amnesty. The ICD failed to confirm charges against him despite several Pre-trial hearings held in 2016 and 2017 until August 30, 2018, when 93 charges were finally confirmed paving way for the main trial to start on September 24, 2018.
Speaking before a packed audience prior to the commencement of trial proceedings on Monday September 24 in Gulu, Justices Jane Kigundu, Duncan Gaswagga, and Michael Elubu—the three judges who will preside over the trial stressed the need for a speedy and expeditious trial, as they promised to uphold the rights of victims to participate in the process.
Since Thomas Kwoyelo is the first person to be tried by the ICD under Ugandas criminal law jurisprudence, the ICD has had to create new rules of procedure to allow victim participation and other requirements that arise out of Uganda’s international law commitments. Meanwhile CSOs and the public continue to raise concerns with respect to the court’s preparedness towards victim participation, witness protection and how long the trial will take overall,
 In respect to the duration of the trial, Justice Gaswagga said that “We shall try to ensure that within three years we have completed”. “We are estimating that prosecution can take two years and the defense 1 year,” he added.
On victim participation, Justice Elubu told stakeholders that the court will largely borrow from procedures used in international law which allows the participation of victims although only a few victims may be called upon to inform court. “We shall not leave out the victims,” said Justice Elubu.
As regards witness protection the judges stated that it is a new aspect within Uganda’s law which has only been considered in a few cases. The Judges nevertheless agreed that it is an important aspect and the court will devise measures some of which are already in place.
In response to translation, an aspect that has halted the trial because the Indictment was inaccurately translated, justice Gaswaga said “Whoever comes to the court should understand what is said. The accused should understand, and all people should participate,”. Citing Article 23 of the Uganda’s Constitution which requires interpretation for the accused on trial, the judges found it necessary to adjourn the trial until November 5th 2018 and that a properly translated indictment be served to the accused and all other parties by 2nd Oct, 2018
Another issue that came to light during the first days of the trial is the poor facilitation to the defense by the registrar. The Judges citedArticle 28 (3) of the Constitution of Uganda which states thatfacilitation should be provided for the defense. Following a number of issues raised during the proceedings, Justice Jane Kiggundu adjourned the trial to November 5, 2018 for reading of charges and plea taking.