Judge faults Ugandan war crimes court
Jul 05, 2011
UGANDA'S newly established International Crimes Court lacks the pre-requisite international procedures and cannot offer a fair trial to former LRA rebel Thomas Kwoyelo, Justice Anup Singh Choudry has said.
By Vision Reporter
UGANDA'S newly established International Crimes Court lacks the pre-requisite international procedures and cannot offer a fair trial to former LRA rebel Thomas Kwoyelo, Justice Anup Singh Choudry has said.
The international crimes court is scheduled to start the trial of former LRA commander Kwoyelo on July 12 in Gulu.
“The bottom line is that we are not equipped with the procedures to deal with such war crimes or international crimes and an attempt to do so would be a travesty of injustice,†Choudry argued in a letter which the New Vision has seen.
The six-page letter dated June 25, was addressed to the head of the war crimes court, Justice Dan Akiiki-Kiiza.
It was copied to the Chief Justice, deputy Chief Justice, the Principal Judge and the Chief Registrar of the Courts of Judicature, among others.
The letter highlights disagreement among the Ugandan judges over the recently established court.
Choudry is a member of the war crimes court, which was originally the war crimes division of the High Court.
The Assistant International Crimes Division registrar, Taddeo Asiimwe, confirmed that they had received the letter, but declined to comment.
Choudry further said the planned trial of Kwoyelo would be a “trial by ambush†as there were no procedures in place for a fair hearing.
“It is “axiomatic†that a person charged with having committed a criminal offence should receive a fair trial and that, if he cannot be tried fairly for that offence, he should not be tried at all,†Choudry stated.
Choudry said the court lacks an alternative judge.
“In any tribunal, it is wise to have an alternative judge to avoid an incident like that in the Milosovich (former Serbian leader) trial when the trial judge passed away before it was concluded. It was only saved because the prosecution closed its case,†he argued.
UGANDA'S newly established International Crimes Court lacks the pre-requisite international procedures and cannot offer a fair trial to former LRA rebel Thomas Kwoyelo, Justice Anup Singh Choudry has said.
The international crimes court is scheduled to start the trial of former LRA commander Kwoyelo on July 12 in Gulu.
“The bottom line is that we are not equipped with the procedures to deal with such war crimes or international crimes and an attempt to do so would be a travesty of injustice,†Choudry argued in a letter which the New Vision has seen.
The six-page letter dated June 25, was addressed to the head of the war crimes court, Justice Dan Akiiki-Kiiza.
It was copied to the Chief Justice, deputy Chief Justice, the Principal Judge and the Chief Registrar of the Courts of Judicature, among others.
The letter highlights disagreement among the Ugandan judges over the recently established court.
Choudry is a member of the war crimes court, which was originally the war crimes division of the High Court.
The Assistant International Crimes Division registrar, Taddeo Asiimwe, confirmed that they had received the letter, but declined to comment.
Choudry further said the planned trial of Kwoyelo would be a “trial by ambush†as there were no procedures in place for a fair hearing.
“It is “axiomatic†that a person charged with having committed a criminal offence should receive a fair trial and that, if he cannot be tried fairly for that offence, he should not be tried at all,†Choudry stated.
Choudry said the court lacks an alternative judge.
“In any tribunal, it is wise to have an alternative judge to avoid an incident like that in the Milosovich (former Serbian leader) trial when the trial judge passed away before it was concluded. It was only saved because the prosecution closed its case,†he argued.