Uganda court gives reprieve soldiers convicted of killing civilians in Somalia

FILE - Ugandan soldiers patrol a street in the southern town of Merka, 90 km north of Somalia's capital Mogadishu, July 17, 2016, as part of the African Union Mission in Somalia (AMISOM).

The Appeals Court of Uganda has quashed the death sentence slapped on two Uganda People's Defense Forces [UPDF] soldiers who were convicted of killing seven civilians in Somalia, months after the court martial sentenced them following public outcry.

The two who were supposed to serve the death sentence; Captain Charles Asiimwe and Corporal Edison Bwambale were among the five UPDF soldiers convicted of seven counts of murder. The court martial issued the verdict in November 2021 but the soldiers appealed the sentences.

While the two tackled death sentences, three of their colleagues; Corporal Alexander Babu, Lance Corporal Phillip Ichumar, and Private Kerere Tushemereirwe were slapped with 39 years behind bars.

The African Union Transition Mission in Somalia [ATMIS] requested Court Martial to investigate claims that UPDF troops had targeted innocent civilians at Golweyn during a crackdown, killing at least seven people, an incident that sparked protests in the country.

During the trial, it was established that the Ugandan military arrested seven civilians after finding an IED on the road, subsequently, Asiime allegedly ordered that the civilians get shot, with their bodies also being blown by explosives.

Before the trial, ATMIS, then known as AMISOM, claimed that the people who were killed were Al-Shabaab militants who were trying to ambush the military along a major supply route. The mission also claimed that the UPDF soldiers recovered an assortment of weapons.

However, the mission would later concede that indeed those killed were innocent civilians and went on to order their prosecution. But a court in Kampala has set aside the death sentence of the two, arguing that it was excessive.

Justice Elly Turyamubona, the appeal's judge, instead, gave Asiimwe and Bwambale a reprieve, sentencing them to 20 years in jail.

"We have considered the circumstances under which this offense was committed. The appellants [soldiers] were operating in very difficult circumstances, and there were some attacks on the UPDF soldiers.

"Indeed this court has taken judicial notice that some of our soldiers had lost their lives at the hands of Al-Shabab and their collaborators, making it difficult to tell who an enemy is or not in such circumstances where enemies impose as innocent civilians," the judgment read.

The presiding judge added that "the trial court might have been influenced by the reaction or riots" if the court failed to impose the death sentence.

Further, the judge reduced the sentences of Cpl Ichumar and Pte Tushemererwe to 16 years, arguing that the two soldiers were following directives from their commanding officers, which should have been accounted for as a mitigating factor while sentencing, but was ignored by Court Martial.

On his part, Babu was freed by the appeals court, noting that prosecution witnesses did not implicate Corporal Babu in any of the civilians' murders. UPDF is a major security partner in Somalia and has been actively helping Somalia to eliminate Al-Shabaab terrorists.

Currently, there are close to 4,500 UPDF soldiers in the country, with Uganda President Yoweri Museveni recently insisting that the troops will continue staying in the country until stability is achieved. Somalia has been battling Al-Shabaab for the last 16 years.

GAROWE ONLINE