A/HRC/40/69
government agencies, airports, banks, media houses, oilfields and civil society
organizations.
27.
The periods of detention ranged from a few hours to more than three years. Almost
no detainees were informed of the reasons for their arrest or had charges filed against them.
Witnesses reported having their property searched and confiscated without being returned.
Witnesses also described being removed from their cells in the middle of the night for
“investigation”. Some detainees were interrogated over several months. None of those
interrogated were given access to legal representation, and in most instances, neither were
their families informed about where they were being held.
28.
A stand-off between prisoners and guards at the National Security Service’s Blue
House headquarters on 7 October 2018 highlighted the prevalence of prolonged detention
without trial, incommunicado detention, solitary confinement and limited access to family,
medical attention and legal representation.
29.
Witnesses described being subjected to several forms of torture and other cruel,
inhuman or degrading treatment, including being threatened, beaten with blunt objects,
whipped, burned with plastics, electrocuted, or forced to watch other detainees being
executed or assaulted, and cases of positional torture, including suspension, and limited
instances of sexual assault. The Commission observed that the cases at Giada and Gorum
military barracks tended to be the most severe in terms of the frequency and severity of
torturous acts. The Commission also documented cases of gunshot wounds, skin lesions
arising from the use of restraints, and back injuries allegedly sustained during assault.
30.
Detention facilities are overcrowded, lack sunlight and ventilation and are infested
with vermin. Medical care is substandard, and inadequate food leads to malnutrition and
sometimes starvation. Access to toilet facilities and potable water is limited, with poor
hygiene and sanitation conditions taking a toll on detainees’ health. The Commission
documented numerous cases where witnesses contracted infectious diseases and infections
as the result of these conditions.
31.
Witnesses, particularly those who had survived more than one year of detention,
underscored the continuing adverse effects on their psychological well-being and their
professional and family lives, even years after their release.
32.
Many detainees have died as a result of extrajudicial execution, detention in
inhuman conditions, including in metal shipping containers with no ventilation in extreme
heat, or the denial of medical care. Many others have been forcibly disappeared while in
State custody.
33.
There is little to no access to detention facilities by outsiders. Furthermore, while the
South Sudanese economy has struggled over the past years, the National Security Service
has continued to receive significant resource allocation, spending and weapons procurement,
to the detriment of other areas of need.
34.
The absence of procedural safeguards in the National Security Service Act (2014)
accentuates the lack of accountability of the National Security Service. Furthermore, it is
unclear from where the SPLA Military Intelligence directorate derives its powers to arrest,
detain, search and seize property.
35.
The Commission is also concerned by the long reach and collaboration of South
Sudanese State security organs with neighbouring countries, notably Kenya and Uganda,
where it received information about cases of post-release monitoring, abduction and
attempted abduction. At least eight witnesses indicated that they saw Aggrey Izbon Idris
and Dong Samuel Luak in the custody of the National Security Service in South Sudan
shortly after they had disappeared from Nairobi in late January 2017. When the
Commission raised their cases with the Government of South Sudan, however, it denied
having any knowledge of their whereabouts, stating that the Commission should make
inquiries of the Government of Kenya.
5
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