A/HRC/40/CRP.1
provided medical examinations to 15 former detainees and concluded that their injuries and
psychological symptoms are consistent with prolonged detention in the conditions described
below, and with sustained torture or cruel, inhuman or degrading treatment.
The Commission has been particularly aware of the need to ensure the safety of its
witnesses in relation to these incidents, and accordingly has referenced incidents in a manner
which protects the safety of witnesses. Despite not having included specific references as it
has in other sections of the report, the Commission conducted its work in this area to the
same standard as in other areas, as set out in the Methodology section above, and preserves
the evidence collected in its databases.369 Furthermore, in many instances it has withheld
either the year or location from the description of events in order to protect witnesses.
1.
State Security Organizations
a)
National Security Service
The National Security Service is governed by the National Security Service Act
(2014), which provides that the NSS shall be subject to the authority of the Constitution and
the law, respect the will of the people, the rule of law, democracy, human rights and
fundamental freedoms and be professional with the mandate to focus on information
gathering, analysis and advice to the relevant authorities. 370
The NSS is composed of a National Security Council, and two operational organs: the
General Intelligence Bureau and the Internal Security Bureau, each under the Minister of the
NSS and headed by a Director General.371 The National Security Council is composed of the
President, Vice President, and Ministers of Defence, Foreign Affairs, Justice, Finance,
Interior and National Security Service. The Council’s responsibility is to define the general
policy relating to the security of the nation, supervise the progress of security work and
coordinate among security organs.372
While the National Security Act (2014) does not specify any departments or officials
as being in charge of detention, the Commission understands that the Internal Security
Bureau is in overall charge of all detention matters.
The NSS not only has offices around the country, but also has officers stationed in
every sector, including in other government departments and agencies, such as the Media
Authority, oil operations such as Dar Petroleum Operating Company (DPOC), Juba
International Airport and other airports around the country, hospitals including Juba
Teaching Hospital, all State-owned and private banks, most hotels, many civil society
organizations and international organizations, public transportation including boda bodas
(motorcycle taxis) and taxis, and as security guards manning gates.
The NSS’s official role is to protect the national interest. This is conceived to include
monitoring and investigating suspects and places related to the offences against the state;
maintaining security, protecting the Constitution, national social fabric and safety of South
Sudanese from any internal or external danger; gathering internal and external information
related to the security of the nation and making recommendations to the National Security
Council on the basis of information gathered; detecting and preventing any danger resulting
from espionage, terrorism, conspiracy, piracy, cyber or environmental crimes or destructive
actions; detecting and combating destructive activities by any organization, group or
individuals foreign country or South Sudanese group inside or outside South Sudan, and
protecting very important persons and public utilities.373
The Government has allowed the NSS considerable latitude in interpreting its mandate
to protect the national interest, particularly in the oil sector, where the NSS plays an active,
and often corrupting role, serving the partisan interests of the ruling party and officials. As
will be discussed below in the section on political economy, the NSS has significantly
Document, ERN D112912-D112913; Confidential Document ERN D114938-D114938; Confidential Document ERN D114679D114683; Confidential Document ERN D113749-D113764; Confidential Document ERN D113689- D113748.
369 See above Methodology section (Section II(B)).
370 National Security Service Act (2014), section 6.
371 National Security Service Act (2014), section 9.
372 National Security Service Act (2014), sections 10, 11.
373 National Security Service Act (2014), section 13(1) to (10).
52
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