A/HRC/18/40
orientation of SPLA. On 8 April, the Government of Southern Sudan established a
committee to conduct credible investigation into the allegations. It is imperative that the
findings of the investigations be made public and the alleged perpetrators be brought
swiftly to justice.
47.
In addition to the generalized insecurity and continuing violence, South Sudan
currently has very little capacity to dispense justice through the formal system. Weaknesses
in its law enforcement capacity and the acute shortage of qualified staff in the justice sector
have fuelled impunity for crimes. Illegal, prolonged and arbitrary detentions continue to be
a major concern. Large numbers of people are put in prolonged detention without mandated
legal warrants, very often in overcrowded and dilapidated cells. In Lake and Western Bahr
el Ghazal, UNMIS observed that more than half of pretrial detainees had been held without
the appropriate warrant extension. Despite the lack of due process, the criminal code of
South Sudan allows the application of the death penalty; executions have indeed been
carried out. In Malakal, Upper Nile, a prisoner was executed in October 2010 even though
prison authorities had confirmed that he was illiterate and he did not receive legal
representation during his trial. Of four prisoners executed in the State of Northern Bahr el
Ghazal in September 2010, only one was reported to have benefited from legal aid.
48.
Concerns also remain about continuing human rights violations linked to
discrimination against women in SouthSudan. Sexual and gender-based violence, forced
marriages and abduction of women and children associated with inter-communal violence
remain widespread. Serious crimes against women are sometimes settled through the
traditional justice system, which very often applies discriminatory customary norms
focused more on reconciliation than on ensuring accountability. In Western Equatoria, a
man suspected of raping his two under-aged stepdaughters was released on bail after he
agreed to compensate the victims’ family. Another man suspected of murdering his wife
was also released by the police after the families agreed to a settlement out of court.
18
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