Augustine Kibwota and his family had lived in an Internally Displaced Peoples camp (IDP) of Koci Goma in northern Uganda for more than eight years. This was at a time when the Lords Resistance Army rebels (LRA) had for more than a decade waged war on the government of Uganda, which displaced millions.

Kibwota’s eldest son, 14 year-old Charles Omony was his pride and joy. At a time when many boys his age had been abducted by the rebels, or had joined the army to fight the rebels, Omony was in primary school and was not thinking about militant activities. For Kibwota, his desire was for the war to end. He supplemented the government provisions to his family using a small farm in a swamp on the outskirts of the IDP camp.

In August 2003, Kibwota’s digging was interrupted by the sound of gun fire in the camp. He and many others immediately rushed into the camp. On his way in, he met a neighbour one Florence Akello, who looked horrified. “Your son has been arrested by a group of soldiers,” she told him, “they are accusing him of receiving a gun from a soldier called Patrick Ojara. They say he is your son’s friend.” Kibwota threw his hoe on the ground and ran to his hut. There, he was met with a sight of horror.His 14 year old son’s hands were tied to his back and jointly to the elbows in a manner popularly know as kandooya. There were twelve soldiers around him all of whom were taking turns to beat him. He immediately intervened wanting to know why his son was being beaten. Nothing would have prepared him for what was to happen next. One of the soldiers suddenly struck him across the face. Another kicked him and punched him in the mouth. In a matter of minutes, these soldiers were raining slaps and punches on the 56 year old man. They knocked off his two front teeth and left him bleeding on the ground and took his son away.

Kibwota although in pain, immediately rushed to a local council chairperson who took him to the LC5 chairperson Lt. Col Walter Ochora. 27 days after Ochora’s intervention, Kibwota’s son was released and he returned home with bruises.

On October 29, 2005 Augustine Kibwota lodged a complaint with the Human Rights Commission in Gulu on behalf of his son Charles Omony. The tribunal that sat in Gulu and was chaired by Commissioner Constantine Karusoke heard the testimonies of three witnesses.

Kibwota, who was the first witness, told the tribunal that when he reached his home, he saw his son on the ground crying and pleading. “The soldiers were kicking him mercilessly,” reads the testimony which is in the files of the Human Rights Commission, “the onlookers told me that they had been inside my house searching for a gun which the soldiers said my son had been given by another soldier.  I saw two soldiers in the group whom I knew. They had been in the same school with my son but had dropped out to join the army. When I approached them, one of them instead hit me.”

He told the tribunal that they left him bleeding on the ground after breaking his teeth. They took his son to Bravo Military detach where they tied him to a tree and continued to beat him. “I went to the defense secretary at the LC3 and an LC5 councilor called Tom Ociti. Ociti immediately took me to the LC5 chairman Walter Ochora. I explained what had happened to Ochora who immediately called another soldier,” reads the testimony, “this soldier came with a car and we drove to Bravo detach. There, we found my son tied to a tree. They had beaten him badly and had burnt plastic over his legs and back. Ochora ordered them to immediately untie my son and dress him up. I was ushered into a room where I was questioned about the allegations that my son had a gun. I was totally ignorant. They escorted me back to my home.” He told the tribunal that his son was transferred to the 4th Division headquarters where he was treated for his wounds.

Another witness Janet Aloy told the commission that she knew the complainant since 1999 and witnessed his arrest. “He is only a boy. I have known him for a while. Omony was playing football at his school when he was picked up by twelve soldiers. I saw this myself since I was across the road from where he was picked. They said that he had been given a gun by one Patrick Ojara. He looked shocked and tried to defend himself. They tied him and took him away amidst beatings.” Another witness Walter Okena confirmed that Charles Omony was arrested and frog marched passed his home. “They passed my place with the boy. The next thing I heard were gunshots. I ran to the scene only to see the boy being beaten.”

Omony was left traumatized by the ordeal and has since become withdrawn. He was present during the hearings but did not speak. The tribunal asked him to show his injuries and although there was no medical report to support it, Omony had several wounds on his back, chest and legs. The respondent’s representative insisted that they had overwhelming evidence that Charles Omony had received a firearm from Pte Patrick Ojara and had hidden it. Ojara was said to be on state duty in Juba and thus could not be produced to give evidence.

The Commission found it odd that a UPDF soldier could be accused of giving a firearm to a primary school boy and still stay serving in the army.  The Commissioned questioned why soldier Ojara could not be produced to give evidence in the tribunal air to Gulu where the tribunal sat. On January 21, 2008 the Human Rights Commission, satisfied that Charles Omony had been both physically and psychologically tortured awarded him a compensation of Shs 28 million in damages. He has not received this compensation yet. 

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