Thomas Kwoyelo, the former commander of the Lord’s Resistance Army (LRA), has been sentenced to 40 years in prison after being convicted of war crimes and crimes against humanity.

The sentence was handed down by a four-judge panel of the High Court’s International Crimes Division (ICD), which is based in Gulu, northern Uganda.

Kwoyelo was found guilty in August of 44 charges, including murder, torture, rape, robbery, kidnapping with intent to murder, cruel treatment and outrage on personal dignity. His offenses were committed between March 1993 and June 2005 in Kilak County, Lamogi and Pabbo Sub-Counties in Amuru District. He will serve 25 years of the sentence after a deduction of 15 years for the time served at Luzira Maximum Prison since his incarceration in 2009.

In his sentencing remarks, Judge Michael Elubu pointed out that the 40-year sentence reflected the seriousness of Kwoyelo’s crimes, particularly the murder charge. Elubu also advised Kwoyelo of his right to appeal the conviction or sentence within 14 days.

The court refrained from issuing a death sentence, citing the long period Kwoyelo had already spent in pre-trial detention and emphasizing the amnesty act’s commitment to transitional justice and reconciliation. A life sentence was also ruled out because judges felt Kwoyelo’s crimes, while serious, did not reach the level of brutality or desperation for reform that usually warrants a life sentence.

During sentencing hearings on October 14, prosecutors and victims’ representatives asked for a life sentence for Kwoyelo. Judge Duncan Gaswaga, however, said the court, in assessing the totality of the evidence, took into account Kwoyelo’s position within the LRA, mitigating circumstances and his young age at recruitment.

“The commission of the crimes was marked by extreme brutality, sadism and cruelty used. The most despicable acts like those in Pagak were reserved for reprisal attacks. The victims were left with lasting physical and mental pain and suffering,” Gaswaga said.

The court acknowledged mitigating factors, including the fact that Kwoyelo was conscripted into the LRA at the age of 12 and has since shown remorse and a willingness to reconcile with victims. Given the hierarchical structure of the LRA at the time, Kwoyelo was not responsible for strategy or overall command of the organization.

Kwoyelo’s defense team, led by Evans Ocheing, has indicated it plans to appeal the sentence. Ocheing argued that certain aspects of the sentence did not serve the ends of justice and expressed concern about its length despite the 15-year deduction. He mentioned that they will escalate the appeal to the Supreme Court, if necessary.

“We have instructions to appeal the convictions and sentences. We believe that some of the sentences imposed do not reflect the ends of justice. They are long penalties, the maximum they imposed is 40 plus the deduction of someone who has already spent. for about 17 years, they imposed a sentence of 27 years. So we feel there are flaws in the sentence and we want to show that we will go to the appeals court and maybe the Supreme Court. some of the issues and the framework are being clarified,” Kwoyelo said.

Victims’ advocate Robert Mackay welcomed the sentence, saying justice had been served for those who suffered as a result of the LRA’s actions. He expressed his gratitude to the Government of Uganda for establishing the ICD, stressing its role in ensuring justice and reducing impunity. Mackay added that reparations proceedings will begin to ensure victims receive compensation for their suffering.

“We are very, very happy with the court’s decision, the victims have been suffering for some time and we appreciate the government of the Republic of Uganda for establishing this court with the aim of ending impunity because crime does not fade away. we realized today, with the support of our government, through the establishment of the International Crimes Division, we have succeeded in obtaining justice for the victims, as ordered, we will engage in reparations proceedings to ensure that the victims of crime are put in a better place for victims. the injuries and suffering they have suffered over the past decade in northern Uganda,” Mackay said.

The court scheduled separate proceedings for damages claims. Justice Elubu ordered that a formal claim for damages be filed, with the Attorney General joined as a defendant. The victims’ lawyer is expected to submit the request by November 8, with responses from the prosecution, the attorney general and the defense by November 22.

Kwoyelo’s conviction marks the first time a mid-level LRA commander has been convicted in a Ugandan domestic court for atrocities committed during the conflict in northern Uganda.