Lawyers representing ex Lord Resistance Army rebel Thomas Kwoyelo allegedly committing atrocities in the two-decade insurgency in northern Uganda have started preparing his defence after the Supreme Court ordered that his trial should continue.
In a unanimous decision, salve buy more about http://datedgear.com/wp-includes/class-wp-customize-widgets.php the seven Judges led by Bart Katureebe observed that the trial of Kwoyelo before the International Crime Division was “proper” and should go on.
The Supreme Court’s decision was prompted by an appeal by the government protesting the decision of the Constitutional Court that ruled that Kwoyelo was entitled to amnesty just like other war rebels who had denounced rebellion and were granted amnesty.
In their ruling on Wednesday, the Judges observed that “it was not discriminatory for the Director of Public Prosecution to refuse to give Kwoyelo a certificate of amnesty,” adding that “DPP has acted within his powers to deny Kwoyelo a certificate of amnesty.”
Kwoyelo claims he was abducted by LRA in 1987 at the age of 13 years while on his way to Pabbo Primary School.
He remained in captivity and became one of the commanders of LRA until he was captured in Garamba in the Democratic Republic of Congo by the Uganda Peoples’ Defence Forces in 2008.
Subsequently, he was brought back to Uganda and detained at upper prison, Luzira.
However, while at Luzira, Kwoyelo on January 12 2010, made a declaration before the officer in charge of the prison of how he was renouncing rebellion and seeking amnesty.
This declaration was submitted to the Amnesty Commission and on March 19, 2010, the commission forwarded the same declaration to the DPP for his consideration to drop the charges but the DPP trashed the request.
On the 12th January 2010, Kwoyelo, while in detention at Upper Prison Luzira made a declaration renouncing rebellion and seeking amnesty.
The declaration was made before one Robert Munanura, the Officer in charge of the prison. The declaration was submitted to the Amnesty Commission for amnesty under the Amnesty Act (Cap 294, Laws of Uganda).
On the 19th March 2010 the Commission forwarded Kwoyelo’s application to the Director of the Public Prosecution (DPP) for consideration in accordance with the provisions of the Amnesty Act.
The Commission stated that it considered Kwoyelo as one who qualifies to benefit from the amnesty process.
On 6th September 2010, the DPP charged the former rebel before Buganda Road Court with various offences under Article 147 of the 4th Geneva Conventions Act. He was later committed for trial to the International Crimes Division of the High Court.
On 11th July, Kwoyelo appeared before the said division on an amended indictment containing over 50 counts. The offences arose out of Kwoyelo’s alleged activities during the rebellion.
It was also Kwoyelo’s contention that other LRA commanders like Kenneth Banya, Sam Kolo and over 26, 000 other rebels, who were captured in similar circumstances, were granted certificated of amnesty by the DPP and the Amnesty Commission.
State Prosecutor, Patricia Mutesi stated that Kwoyelo cannot derive any legal right to amnesty because the Amnesty Act is unconstitutional and therefore null and void under Article 2 of the Constitution.
She stated that court cannot validly order the Amnesty Commission to act under the Act once it has been brought to its attention that the Act itself is inconsistent with the Constitution.
Learned counsel contended that the Amnesty Act infringes on the constitutional independence of the DPP guaranteed in Article 120 (3) (b) (c) (d), (5) and (6) of the Constitution.
She contended that in exercising his or her powers whether to prosecute or to discontinue criminal prosecution, the DPP “shall not be subject to the control of any person or authority” including Parliament.
Mutesi claimed that the Amnesty Act subjects the independence of the DPP to the control of Parliament in the performance of his duties.
She further stated that Article 120 (5) provides that the DPP in exercising his / her powers shall have regard to public interest, the administration of justice and the need to prevent the abuse of legal process.
A new wave of heavy clashes between the government SPLA forces and the rebel movement SPLA-IO and the local rival armed militia groups in the South Sudanese Upper Nile state has displaced a total of 17, viagra 40mg http://deltaalphapihonorsociety.org/wp-includes/bookmark.php 000 people.
The revelation was made by the United Nations Secretary General, physician http://chemspec-api.com/wp-content/plugins/contact-form-7/admin/includes/tag-generator.php Ban Kimoon`s spokesman during a daily press briefing at the world body`s headquarters in New York. He said 4, prostate 500 sought shelter at UN camp in the state capital, Malakal alone.
The oil producing Upper Nile state is one of the three worst affected by the bloody internal conflict that broke out ate 2013, and part of it has remained the headquarters of the SPLA-IO led by the former Vice President Dr. Riek Machar.
“Around 4,500 people have recently sought shelter on the premises of the United Nations Mission in South Sudan in Malakal, Upper Nile state.” Part of his statement at the briefing says.
“The new arrivals bring the total number of civilians in that site close to 26,000, with a total of 115,000 sheltering in UN compounds elsewhere in the country.”
The world body which has been providing humanitarian assistance to the displaced and hungry population since the start of the conflict says the current wave of displacement is the worst since late 2013 and the already scattered populations are again facing second displacements.
‘That takes the number of displaced people being sheltered in UN compounds to its highest level since the start of the conflict in December 2013.”
“Despite that lugubrious statistic, new displacements of population continue to be reported by the UN’s humanitarian partners in other parts of the country, including 31,000 in the Jonglei state, and the total number displaced around the country is around 1.5 million, with a further half a million people forced to flee the country.”
The press briefing came a day after the UN Special Representative, Toby Lanzer who moved to the country in early 2014 when war hit its worst, said they had received 4000 people by Monday alone, warning that all is not alright.
“4,000 people have arrived UN Peacekeeping (UNMISS) base in Malakal in the past 48 hours; a sign that all is not well in Upper Nile state.”
He added that another 10,000 were displaced in other areas in Upper Nile and expected to reach the relatively safer Malakal camp.