A/HRC/40/CRP.1 The Director General of the Internal Security Bureau, a Lieutenant General, is in overall charge of the Internal Security Bureau,481 and thus carries command responsibility for human rights violations that were committed against persons in NSS detention, whether these occurred in official or unofficial detention facilities. This Lieutenant General was reportedly informed on a daily basis about all developments in the Blue House detention facility, and was “ultimately responsible for everything that happened there … these other guys are just minions”.482 The Commission received information that both a 2nd Lieutenant who was Director of the Blue House Detention Facilities in 2015 and early 2016, and a Deputy Director of Detention Facilities in 2018, reported directly to the Director General of the Internal Security Bureau. In addition, two Major Generals, who served as consecutive Deputy Director Generals were aware about the ill-treatment, conditions of detention and fair trial violations against detainees, by virtue of their senior positions, and as they were receiving NSS internal reports on the detainees. The first of these Major Generals also spoke to some detainees during their investigations and/or immediately prior to their release, and as such would have been aware of the violations of due process and the unlawful nature of the detention. In one case, this Major General reportedly unilaterally decided not to release a prisoner, despite his release already having been ordered by a higher authority. The second of these Major Generals reportedly told one detainee that his arrest and detention had been a ‘mistake’ and that they should not speak to anyone about what happened to them. This Major General was reportedly promoted to a Governor after he left the NSS in 2017. Furthermore, senior NSS officials, including those from the Legal Department, were aware that in many cases, as outlined above, the detainees’ arrest had been for either spurious reasons (minor misdemeanours such as not possessing adequate documentation) and their continuing detention was completely arbitrary, in contravention of the National Security Service Act.483 No steps appear to have been taken by senior officers to release detainees or bring them before a court in line with the provisions of the National Security Service Act, or other applicable law, or to ensure that their subordinates were prevented from or punished for violating these basic rights of detainees to a fair trial. The Commission therefore finds reasonable grounds to believe that at least the abovenamed NSS senior officials knew or had reason to know that subordinates under their effective control were committing or had committed human rights violations and related crimes against detainees in their custody, and failed to take reasonable and necessary measures to prevent or punish them. Criminal investigations and prosecutions should be undertaken to determine their criminal accountability for the crimes set out in this report as well as all crimes committed in NSS detention facilities. Detentions by the SPLA Military Intelligence There are reasonable grounds to believe that SPLA Military Intelligence officers in charge of official and unofficial detention facilities, as well as other senior SPLA commanders, committed serious human rights violations and related crimes against persons in their custody as described above, for which they could incur individual responsibility under national and international law. The position of the head of the SPLA Military Intelligence Directorate was occupied by the same General from at least 2014 to September 2017,484 and as such could be liable for command responsibility with regard to the acts and omissions of subordinate officers under his effective control, and the crimes committed by them in detention facilities. In addition, information received by the Commission, points to this General having been present, as well as issuing orders at some of the detention facilities. In one of the worst detention centres run by the Military Intelligence, the Gorum SPLA military facility, a man by the same name was identified as one of the senior commanders. He was also described as being in charge at Giada SPLA military barracks. 485 The Commission has received 481 National Security Service Act, 2014, Article 16.1.a. Witness 964, ERN 102148-102171, para. 46. 483 National Security Service Act (2014), section 54(2). 484 VOA, “South Sudan President Fires Army Chief”, 24 April 2014; Sudan Tribune, “S. Sudan former head of military intelligence welcomes appointment to foreign ministry”, 17 September 2017. 485 Confidential Meeting, 21 September 2018. 482 76