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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