A/HRC/40/CRP.1 6. Protecting Children’s Rights in the Justice System There have been a number of positive developments with respect to children’s rights in the justice system in Juba in 2018. The Commission hopes, however, to see these positive developments replicated outside the capital in the near future. UNMISS funded the renovation and refurbishment of a Juvenile Reformatory Centre in Juba which is only awaiting the construction of a perimeter security wall and it was expected to be operationalised in early 2019. The Centre consists of two separate enclosures, one for juveniles on remand and the one for convicted juveniles, and will allow 90 children in conflict with the law to be safely and securely housed. This is a particularly welcome development as children had previously been detained with adults in the Juba Central Prison. Juba Central Prison’s Task Force on Prolonged and Arbitrary Detention has also made progress in reviewing cases of juvenile detention and releasing children in accordance with the provisions of the Child Act (2008).1557 In the second half of 2018, since the programme began, it reviewed the cases of 75 juveniles and submitted release requests for seven juveniles under the age of 14 were submitted on the basis of the Child Act (2008) which provides that children under the age of 12 cannot be criminally responsible and there is a rebuttable presumption that children between the ages of 12 and 14 cannot be criminally responsible because of lack of capacity to differentiate between right and wrong. 1558 The Juba County Court ordered the release of four of these children and the remaining three are still pending before the Gudele Court. Similarly, there were requests for the release of 12 juveniles under the age of 16 on remand for non-serious crimes. The Child Act (2008) provides that children may only be detained if there is a reasonable suspicion that they have committed a serious crime such as those involving violence or a persistence in committing serious crimes. 1559 Eight of these juveniles were released by the Juba County Court and the remaining four are pending before the Gudele Court and the Juba County Court. The Commission hopes to see these initiatives to address the rights of children in conflict with the law repeated outside of Juba to reduce the number of children improperly detained, and to secure those detained more appropriately and safely. 7. Death Penalty South Sudan’s Penal Code (2008) provides for the imposition of the death penalty for “extremely serious” offences such as murder and treason.1560 However, the Transitional Constitution, 2011 and the Penal Code prohibit the imposition of the death penalty on anyone under the age of 18 or over the age of 70 as well as pregnant or lactating women. 1561 Every case in which the death penalty is imposed is automatically reviewed by the Supreme Court and the death sentence may only be executed where both the Supreme Court and the President have confirmed the sentence. 1562 Execution is carried out by hanging. 1563 Despite indications that South Sudan will soon accede to the International Covenant on Civil and Political Rights, the Government has signalled that it will not accede to Optional Protocol II on the abolition of the death penalty.1564 Further, it has given conflicting responses to the question of whether there is a moratorium on death penalty executions in place.1565 1557 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. 1558 Child Act (2008), section 138. 1559 Child Act (2008), sections 139, 184. 1560 Transitional Constitution (2011), Article 21; Penal Code (2008), section 8. See Penal Code (2008), sections 64, 67, 131(2), 206, 309, 383. 1561 Transitional Constitution (2011), Article 21; Penal Code (2008), section 9. See also Code of Criminal Procedure Act (2008), section 277. 1562 Code of Criminal Procedure Act (2008), sections 258, 276. 1563 Code of Criminal Procedure Act (2008), section 275. 1564 Confidential Document, ERN D114616-D114618. 1565 Confidential Document, ERN D114616-D114618; Gurtong, “South Sudan Denies Execution of Prisoners Report”, 8 December 2018. 198