A/HRC/40/CRP.1 Upon release, many who had flourishing careers find themselves unemployed, unable to pay for medical bills or support their families. Others who have resumed employment find themselves unable to focus and re-engage in their professions. Many who had once enthusiastically put their professional skills and energy toward building their new country, were left, perhaps inevitably, deeply disillusioned, no longer willing or able to engage: I lost everything, and if there is peace in this country one day, I have to seek justice. If I was a rebel, there would be no problem. They could take me to court and let the court sentence me to 10 years, so I could be confident that I had legitimately done something wrong, but it’s not possible they can just keep me inside there and then release me. This is not how things should be… our Government even fought Sudan for independence for the same reasons. Now they are doing the same thing and worse in South Sudan… This is one of the worst things that happened in my life, and it still really pains me. So, this is the situation I have to bear… 446 10. Violations a) Arbitrary Arrest and Detention On the basis of the information collected and described above, the Commission finds reasonable grounds to believe that members of the NSS and the SPLA Military Intelligence Directorate engaged in regular and widespread arbitrary arrest and detentions throughout the country between December 2013 and the end of 2018. The Commission has found that people are detained for extended periods of time, up to years, without being charged, brought before a judge or magistrate, tried before a court, or given access to a lawyer. Indeed, the fact that many detainees are never even formally questioned indicates no real intention on the part of these organizations to investigate whether crimes have been committed by these individuals. Arrest and detention in these conditions constitute arbitrary arrest and detention and are violations of domestic South Sudanese law. The Transitional Constitution (2011) provides that “Every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.”447 Furthermore, they are violations of the rights set out in the Transitional Constitution for an arrested person to be informed at the time of his arrest of the reasons for his or her arrest and to be promptly informed of any charges against him or her.448 The Transitional Constitution also provides that “A person arrested by the police as part of an investigation, may be held in detention, for a period not exceeding 24 hours and if not released on bond to be produced in court.”449 While this applies to police arrests, the National Security Service Act (2014) also provides that a person arrested by the NSS must be brought before a magistrate “as soon as is reasonably practicable within 24 hours.”450 Arbitrary arrest and detention are also violations of the rights set out in the African Charter on Human and Peoples’ Rights to liberty and the security of the person and not to be deprived of freedom except for reasons and conditions previously set out by law. 451 In particular, it provides that “no one may be arbitrarily arrested or detained.”452 The African Charter also provides the right to be tried within a reasonable time by an impartial court or tribunal.453 The rights not to be subjected to arbitrary arrest and detention and to be receive a fair and public hearing are also included in the Universal Declaration of Human Rights. 454 446 Witness 960, ERN 102089-102111. Transitional Constitution (2011), Article 12. 448 Transitional Constitution (2011) (as amended), Article 19(2). 449 Transitional Constitution (2011) (as amended), Article 19(4). 450 National Security Service Act (2014), section 54(2). 451 African Charter on Human and Peoples’ Rights, Article 6. 452 African Charter on Human and Peoples’ Rights, Article 6. 453 African Charter on Human and Peoples’ Rights, Article 7(1). 454 Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A), Articles 9, 10. 447 70