A/HRC/40/CRP.1
4.
Prolonged and Arbitrary Detention and Case Management
The Commission has considered in detail the prevalence of arbitrary arrest and
detention by the NSS and SPLA Military Intelligence which has resulted in widespread arrest
and detention without charge or due process and widespread torture and inhumane treatment.
Within the regular criminal justice sphere, however, there are also problems with prolonged
and arbitrary detention, arising not, as in the case of the NSS and SPLA Military Intelligence,
as a result of intent to deprive detainees of due process, but rather as a result of lack of
resources and case management inefficiency.
In recognition of this problem, the Director General of the National Prison Service of
South Sudan constituted a Task Force on Prolonged and Arbitrary Detention for Juba Central
Prison in August 2018 with the support of the UNMISS Rule of Law Advisory section. It
finalised an action plan in September 2018 and has since then been working to identify
priority cases for urgent disposal, submitted requests for release and/or expedited
proceedings in numerous cases and developed a stronger case-management and recordkeeping system.1546
In its first months of operation, the Task Force realised some successes including
submitting release requests for 15 adult prisoners on remand for minor crimes, many of whom
had been awaiting trial for prolonged periods, including in some cases longer than the
maximum possible sentences for the crime for which they were charged. Thirteen of these
suspects have been released while two are still pending.1547 Similarly, requests for expedition
of proceedings were submitted in 41 cases where accused were awaiting trial since before
2017. Of these cases, two were convicted, 20 were released and the remainder are pending.
Since the initial assessment undertaken between March and July 2018, the number of
extremely prolonged pre-trial detention cases in Juba Central Prison (dating from between
2013 to 2016) have dropped from 29 to 14.1548
Significant work needs to be done to address prolonged and arbitrary detention within
the criminal justice sector, including addressing the very high numbers of remand warrants
which have expired and have not been renewed, there has been encouraging progress on this
important issue since the inception of the Task Force. The Commission encourages this
initiative and the allocation of appropriate resources to support the logistics required to make
it a continued success.
Further, such initiatives should be extended beyond Juba. In this regard, the
Commission understands that efforts to relieve prolonged and arbitrary detention in prisons
outside Juba has depended in many cases on the voluntary work local lawyers and
organisations. While this work is commendable, the Commission encourages the
development of effective case management systems throughout the country.
5.
Prosecuting Sexual and Gender-Based Violence
There remain significant challenges for victims of sexual and gender-based violence
in seeking justice. There continues to be stigma attached to sexual violence, and particularly
sexual violence by an intimate partner, and as a result many survivors do not report their
experiences or seek justice. 1549 Many cases continue to be heard in traditional courts as the
only available avenue, where the focus is on community cohesion and reconciliation rather
than the protection of individuals. Traditional courts are often held in the open air which is
not conducive to hearing sensitive sexual violence cases and continue to be gender-biased
against women.1550 Additionally, remedies often include an agreement between the two
1546
Republic of South Sudan Ministry of Interior, National Prisons Service of South Sudan, Draft Juba Central Prison Taskforce on
Prolonged and Arbitrary Detention, First Quarterly Report, 2018.
1547 Republic of South Sudan Ministry of Interior, National Prisons Service of South Sudan, Draft Juba Central Prison Taskforce on
Prolonged and Arbitrary Detention, First Quarterly Report, 2018.
1548 Republic of South Sudan Ministry of Interior, National Prisons Service of South Sudan, Draft Juba Central Prison Taskforce on
Prolonged and Arbitrary Detention, First Quarterly Report, 2018.
1549 What Works to Prevent Violence Against Women and Girls Consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017; D. Deng, R. Willems, “Sexual and Gender-based Violence (SGBV) in Unity
State, South Sudan”, Intersections of Truth, Justice and Reconciliation in South Sudan, March 2016; Care, “‘The girl has no
rights’: Gender-Based violence in South Sudan”, 2014.
1550 Justice Africa, “Justice in Practice: South Sudan”, 2015.
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