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. 196