A/HRC/40/CRP.1 death and 20 years imprisonment on 12 February 2018. 402 His appeal was pending at the time he was released on 2 November 2018, pursuant to the R-ARCSS.403 William Endley was charged with insurgency, banditry, sabotage and espionage, terrorism and attempts to overthrow a constitutionally established Government under the National Security Services Act (2014) and the Penal Code Act (2008). He was convicted on 23 February 2018 and sentenced to death.404 William Endley filed an appeal before the Court of Appeal on 7 March 2018.405 His appeal was still pending when he was released on 2 November 2018, pursuant to the peace agreement (see section IV(A)(6) above).406 Even in these two cases in which charges were laid and trials undertaken, there were allegations that they were unfair. James Gatdet Dak’s defence lawyers withdrew citing an unfair trial a month before the verdict, but the trial continued, which formed the basis of his appeal.407 Similarly, William Endley’s appeal was based in part on the failure to respect his right to legal representation and to subpoena defence witnesses. 408 For the vast majority of those held in security-related detention, however, no charges were laid, nor trials were held, and release could only be obtained through informal means. Detainees who managed to be released had well placed family or connections who were able to advocate for them and to raise their profile. Others have either escaped or have bribed soldiers or guards to secure their release or to help them escape. The Commission documented only one case of a detainee who was released as a result of a formal complaint made to the police, and even in that case, higher level intervention assisted in securing the detainee’s release. Many detainees reported being routinely interrogated while in detention, some of over the course of months, without being offered or provided access to a lawyer. Some of these interviews are nonetheless recorded by the NSS investigators. Numerous witnesses recalled how detainees were occasionally taken out of their cells to be interrogated after midnight. Interrogations often start with routine questions, including about age, place of origin, and occupation before moving on to questions about political affiliations, alleged connections and support for various armed opposition groups, and whether the detainee knows or has communicated with particular high-profile people, such as former First Vice President Riek Machar. When detainees do not respond as the investigators hope, they often resort to coercive tactics, which include threats and in some cases torture (as described below). One witness recalled: The Investigation Committee never physically assaulted me during the […] investigation. However, the NSS officers verbally threatened to keep me in detention for 10 years. They told me no one knew I was there, so they would take me to the river and kill me.409 Investigators have made numerous witnesses access their phones, personal and work computers (which had been confiscated) and electronic accounts to allow them to review their contents for evidence, while others were told their electronic devices were being taken to the forensics department for analysis. Most detainees reported that their personal belongings were never registered or returned. Detainees were also informed by the NSS Reuters, “South Sudan sentences rebel leader's spokesman to death”, 12 February 2018. R-JMEC, Progress Report No. 3 on the Implementation Status of the R-ARCSS 2018, 5 November 2018; United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 17 February to 3 June 2018), S/2018/609, 14 June 2018; Confidential Document, ERN D109336-D109340. 404 United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 17 February to 3 June 2018), S/2018/609, 14 June 2018. 405 United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 17 February to 3 June 2018), S/2018/609, 14 June 2018. 406 JMEC, Progress Report No. 3 on the Implementation Status of the R-ARCSS 2018, 5 November 2018; United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 17 February to 3 June 2018), S/2018/609, 14 June 2018. 407 Sudan Tribune, “Lawyers for jailed Machar’s spokesperson pullout over unfair trial”, 19 January 2018; Confidential Document, ERN D109336-D109340. 408 United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 17 February to 3 June 2018), S/2018/609, 14 June 2018. 409 Witness 1031, ERN 102184-102210, para. 39. 402 403 58