A/HRC/40/CRP.1 are dressed as civilians to more effectively collect intelligence. Many military intelligence officers are also employed in a civilian capacity while reporting intelligence gathered in the course of their activities back to military intelligence. Police powers of investigation, arrest, detention, search and seizure are clearly provided for South Sudan Police Service Act (2009) and the Code of Criminal Procedure, and the NSS’s operations and powers are set out in the National Security Service Act (2014). However, the SPLA Act (2009), which governs the military as a whole, does not address itself specifically to the powers and duties of the Military Intelligence Directorate, and internal SPLA rules governing the Military Intelligence Directorate’s operations, duties and powers are not public. The result is that there is a complete lack of transparency as to whether any administrative safeguards are in place to protect citizens’ constitutional rights. c) Coordination between Security Services and Across the Country Although the NSS and the SPLA are separate entities and operate independently, the Commission gathered evidence which indicates they also cooperate, particularly the NSS and the SPLA Military Intelligence Directorate. Multiple detainees, particularly those being held or transported from localities outside Juba, described being transferred between the security agencies. Furthermore, a significant number of detainees are transferred between detention facilities. Indeed, many reported having been transferred between detention facilities multiple times, making it difficult for family, friends and sometimes even those working within the security sector searching for them to locate them. Some have been transferred to Juba from other towns around South Sudan, including Bazia, Magwi, Malakal, Maridi, Nassir, Pageri, Palouch, Wau, Wau Shilluk, Yambio and Yei. The Commission documented at least seven cases in which people arrested by the NSS and SPLA Military Intelligence were transferred to Juba from other towns by air, including commercial and military cargo planes and military helicopters. Other detainees are transferred between facilities within the same town, including between those described below and others, such as police stations. While being transferred between locations, detainees are either forced to lie down in the beds of trucks or are put in trucks with built in holding cells referred to as “containers”. Several witnesses described being forced to lie down in the bed of the trucks under a bench in an area ironically referred to as “the fridge”. One detainee described: They then forced me to lie face down underneath a bench where the soldiers were seated within the bed of the truck. The space where I was kept was not an enclosed space, but it was unbearably hot, and when I was put there, I burned my arm on the metal of the truck which was scorching hot [...] I was lying face down [...] I was terrified because I knew we were in a military vehicle, but I didn’t know where the soldiers were taking me. I used to hear about things like this happening to other people, but not anyone close to me.391 Another detainee indicated he had been driven around Juba in similar conditions for four hours. Several other detainees reported being forced to wear blind-folds made of red or dark cloth while they were being transported between facilities. d) Involvement of Neighbouring States There are a number of high profile cases involving the Kenyan security forces’ participation in the rendition of South Sudanese to South Sudan and to the NSS’s custody. These include James Gatdet Dak, Marko Lokidor Lochapio, Dong Samuel Luak, and Aggrey Izbon Idris. James Gatdet Dak was arrested in Nairobi, Kenya by Kenyan security services on 2 November 2016, deported to Juba and handed over to the NSS who detained him until his trial.392 The latter two were reportedly detained in Nairobi, Kenya and unlawfully 391 392 Witness 906, ERN 101769-101782, para. 15. UNHCR, News comment by UNHCR’s Spokesperson, Cécile Pouilly, on the return of Mr James Gatdet Dak to South Sudan, 4 November 2016; Convention on the Status of Refugees of 1951 and Protocol 1967, Article 33(1) 55