Ten years later, bail or no bail for Thomas Kwoyelo

The bail application hearing of former Lord’s Resistance Army (LRA) Commander Thomas Kwoyelo was on January 18 pushed again to February 4, the same day the prosecution will make their opening statement. Kwoyelo who is facing 93 counts of war crimes and crimes against humanity allegedly committed during the LRA conflict in Northern Uganda applied for bail in October last year after 10 years in prison but the International Crimes Division (ICD) of Uganda’s High court has not yet given it a hearing. Since his arrest from the Democratic Republic of Congo (DRC) by the UPDF in 2008, Kwoyelo has been in detention. Kwoyelo’s trial has dragged on for years, unlike his counterpart Dominic Ongwen who is being tried at the ICC, an aspect that has raised questions on the justice process in Uganda. 

The first and second postponement of Kwoyelo’s bail was on November 6 and October 15, last year respectively. The postponements were for two reasons. One because the defense had not organized their sureties and two because there was a request by victims’ representatives for more time to be able to consult their clients. The same reasons caused the January 18 adjournment.

Regardless of a statement made by one of the presiding judges Michael Elubu in September last year on an expeditious trial, “based on the facts on ground, it may take up to about two to three years for the case to complete,” The constant adjournments in this case also means that the victims of the alleged atrocities have to wait for justice. For Kwoyelo, it means waiting for many more years to determine his fate. 

Victim participation, a concept that is new in Uganda’s Jurisprudence is facing a big challenge in Kwoyelo’s trial. In fact it has been at the center of the constant adjournments. As justice is sought in it is worth noting that 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 because their involvement 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 judgment thus supporting court in administering justice for the crimes committed against them.

The new date for the bail application hearing is 4^th February, the same day the prosecution is expected to make their opening statement.

Foundation for Justice and Development (FJDI) works with children, youth, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting transitional justice measures since 2015.