Why ICD judge ordered prison to respect Kwoyelo’s dignity

Gulu | During the reparation hearing on Friday at the High Court Circuit in Gulu, the International Crime Division (ICD) lead judge, Justice Michael Elubu, directed prison warders not to make the convict appear in prison uniform in court.

The judge ruled that this does not honor and respect Thomas Kwoyelo Latoni, who was found guilty and convicted months ago.

“In which Ugandan law is it required to present a convict to court in prison uniform?” Justice Duncan Gaswaga, who was in the same court virtually, questioned prison officials.

Justice Elubu directed that at the next court hearing, they stop producing Kwoyelo in prison uniform.

“Why is convict Thomas Kwoyelo dressed in prison uniform and appearing in court?” asked Justice Elubu.

He also warned prison officials not to bring in convicts in their uniforms on a regular basis.

“As judges, we have never witnessed an incident in which convicts appeared in prison uniform.

“We should work in accordance with the law to guide us and avoid doing things that do not show respect or dignity to others.”

He also asked the Attorney General to clarify the concerns raised by the convict’s lawyers regarding the confiscation and attachment of their client’s suits.

Kwoyelo’s lawyers told the court that their client was denied the opportunity to wear a suit in preparation for his court appearance.

Johnson Atuhere, senior State Attorney representing the Attorney General, stated, “We work under Ugandan law. With the court’s directive, we will respect convict Kwoyelo and require him to continue appearing in court in his suit the next time.”

Caleb Alaka, lead defense counsel for convict Kwoyelo, stated that he had never seen a convict appear in court wearing a prison uniform.

Alaka went on to say that their client’s appearance made them uncomfortable with the proceedings.

“It does not make minimum dignity and respect however being a convict.

“We did not understand or know the Attorney General’s intention, whether they had attached the suits or confiscated them after conviction; we need guidance from the Honorable Court,” Alaka stated.

According to Job Musimbi, Assistant Superintendent of Prison at Luzira Prison, separating convicts from those on remand is a common practice.

“The convicted persons who join us in prison should wear uniforms,” he added.

“We have been doing it in the High Court hearings, bringing them in prison uniforms,” he told the court.

Musimbi asked the ICD for guidance on whether it is illegal to bring a convict in prison uniform, before admitting, “It is not in Ugandan law yet.”

Thomas Kwoyelo Latoni, who had spent over 15 years on remand in prison, was sentenced to 40 years for crimes against humanity.

He has been serving his sentence from Luzira Prison since October 25, 2024.

Kwoyelo, through his legal team, is attempting to challenge reparations application that he compensate victims of his crimes.

On Friday, the court postponed the decision on whether he is liable or the burden falls on the government to December 16, 2024.