A/HRC/40/CRP.1 practicable, within 24 hours.382 If the person is arrested pursuant to a warrant, the warrant must specify the period of the warrant which must not exceed one month. Thereafter, a judge “may extend that period as deemed fit”. 383 No provision is made for the release of a person if charges are not laid within a specified time or at the conclusion of investigations. By contrast, in the Code of Criminal Procedure Act (2008), a person arrested by the police as part of an investigation may be held for a period of 24 hours for investigation, renewable by up to one week by a Public Prosecution Attorney or by up to a total of two weeks by a Magistrate.384 Once charged, the Code of Criminal Procedure Act provides that a Magistrate or Court may order detention of an accused for the purposes of investigation for a up to three months, reviewable weekly, or the competent President of the Court of Appeals may order detention for the purpose of trial for up to a total of one month, reviewable weekly, provided that the total period of detention does not exceed six months, except with the consent of the President of the Court of Appeal concerned.385 Furthermore, the National Security Service Act is silent on the legal rights of those arrested and detained, including the right to counsel, rights to access or contact with family, or to be tried within a reasonable time. It provides no safeguard requiring arrested persons to be held in official detention facilities, where they can be located and their conditions monitored. Additionally, it contains no provisions clarifying that torture is prohibited or governing the manner in which its officers investigate and take statements and depositions from suspects or potential witnesses. Similarly, there are no provisions containing safeguards in relation to surveillance, search, seizure and collection of information. At a minimum, there should be a requirement for a warrant to undertake such activities in order to protect the right to privacy provided for in Article 22 of the Transitional Constitution. The only review provided in order to be able to challenge detention is that “A person aggrieved by the issue of a warrant or by the extension of the period of a warrant may appeal to the court of Appeal within 14 days and the decision of the court of Appeal shall be final.”386 For offences committed by NSS members, including Penal Code offences387 and abuse of power and misuse of position,388 the National Security Service Act provides for the establishment of Service Tribunals.389 Multiple commentators take the view that the National Security Service Act and the NSS’s operations appear to replicate many of Sudan’s authoritarian security services’ features.390 b) SPLA Military Intelligence The function of the Military Intelligence Directorate within the SPLA is to collect and analyse all information gathered during military missions to provide commanders with relevant and timely information upon which to base their tactical and strategic planning and decisions. This may involve informant identification, recruitment, handling and interrogation. In an internal armed conflict context, sources of relevant information will involve domestic intelligence collection. This has led the SPLA’s Military Intelligence Directorate to encroach into civilian police powers of arrest, detention, search and seizure. SPLA Military Intelligence Directorate is its own department within the SPLA with its headquarters at Giada SPLA military barracks in Juba and deploys its own missions through the Military Intelligence Operations department. However, Military Intelligence officers also deploy as part of general SPLA missions. Military Intelligence officers are also stationed in other agencies, including in police stations. While some wear uniforms, others 382 National Security Service Act (2014), section 54. National Security Service Act (2014), section 55(4). 384 Code of Criminal Procedure Act (2008), sections 64(1) and (2). 385 Code of Criminal Procedure Act (2008), sections 64(3) and 100. 386 National Security Service Act (2014), section 55(5). 387 National Security Service Act (2014), section 56(1). 388 National Security Service Act (2014), section 62. 389 National Security Service Act (2014), sections 77-79, Schedule II. 390 Augustino Ting Mayi and Jok Madut Jok, “Sudan’s National Security Bill: Merits and Public Reactions”, Sudd Institute, 7 October 2014; David Deng and Rens Willems, “Legacies of Enforced Disappearances in South Sudan”, November 2015. 383 54