Gulu | A panel of four International Crime Division (ICD) Judges has ordered the Ugandan government, through its Attorney General, to compensate 103 victims of crimes committed by former Lord Resistance Army (LRA) Commander Thomas Kwoyelo Latoni.
On December 16, 2024, the ICD Judges issued the landmark ruling at the Gulu High Court in Gulu City in response to an application for reparation.
On October 25, 2024, Kwoyelo received a 40-year sentence (15 years deducted) for war crimes and crimes against humanity. The court found him guilty of all crimes committed while serving as LRA commander.
Justice Michael Elubu, the lead judge of the ICD, ruled that the State is responsible for compensating victims, recognizing the convict’s vulnerability and inability to do so under international law.
Justice Elubu stated that the court’s decision was based on the principle of ex-gratia payments, which require similar compensation in cases of loss of life.
He ordered that shs10 million be awarded to each of the deceased victims and shs4 million to each of the injured. Shs3.5 million for each victim of property loss, shs5 million for each victim of sexual violence, and shs3 million each for the reburial of bodies from IDP camps to proper ancestoral sites.
Following the Attorney General’s request, the panel granted him leave to present his appeal.
“To avoid question of doubts from the victims, the court will give a maximum of 360 days for the registration of all the victims to add to 103 registered through the Office of the International Crime Division registry,” he directed.
Thomas Kwoyelo’s lawyers and the victims’ lawyers were seen smiling after the court ordered the Attorney General to accept responsibility for compensation.
Evan Ocheng, the defense lawyer, claimed that the Ugandan government failed to protect convict Thomas Kwoyelo when he was a 12-year-old child, allowing the LRA to abduct him.
“This makes the State to take all responsibilities of compensating the victims,” he said.
Ocheng stated that convict Kwoyelo had no property, was not on the country’s payroll, and was abducted when he was 12 years old. He was remanded in prison for more than 15 years.
“He may likely go to die in prison, no property to attach as his property to compensate victims.”
The victims’ lawyer, Counsel Henry Kilama, expressed satisfaction with the reparation ruling that held the State responsible. “They (the State) failed to protect him and civilians from IDPs, despite their duty to do so.”
Kilama added that the primary obligation may rest on the convict, but State has a duty to repair lives of victims. “This will put a good smile on the victims.”
“For the victims, this ruling will bring glimmer hopes after a long wait; after decades of suffering. It was a breakthrough for the victims to get good reparation in Uganda,” he noted.
According to Johnson Natuhwere, senior State Attorney representing the Attorney General, such a ruling would set a bad precedent, allowing criminals to avoid accountability by delegating their responsibilities to the state.
Natuhwera also stated that the State’s responsibility is not to compensate victims. “The State has only facilitated the process of court trials, but it has also arrested and returned him home.”
He has requested that the court grant him the opportunity to appeal “some rulings.” “However, as a State, we have not rejected the court’s decision to compensate the victims.”
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