A/HRC/7/22 page 17 68. Several cases of sexual assault and rape, including of minors, by SPLA and Joint Integrated Unit members have been reported. In Wau, a 14-year-old girl was allegedly raped by two SPLA soldiers. In September, in Warap State, serious allegations of abuse and sexual assault by SPLA soldiers patrolling Gumbo and Rejaf, not far away from Juba town, were reported; incidents of harassment, intimidation, looting, occupation of dwellings and land, and sexual violence were also registered. In the same month, Ugandan traders in Juba customs market were sexually assaulted by men in uniform. The alleged perpetrators were police and military personnel who roamed the market during night patrols. Only two members of the local police force have been arrested in connection with the case, in spite of the fact that the other members of the police involved had been identified and their whereabouts widely known. The SPLA member involved was not arrested. Three Ugandan women were allegedly raped by six SPLA or SPLA/Joint Integrated Unit soldiers in the new market in Torit on 29 December. The victims reported the case to the police, but they were referred to national security. The local police force has refused to take the victims’ statements and to open an investigation, possibly because it involved SPLA members. In addition, medical evidence has been lost due to the fact that not only did the victims not have adequate means to pay for the medical examinations, but also because of the lack of adequate testing instruments and willingness by medical staff to take such cases seriously. In Malakal, harassment over dress codes, whereby women are subjected to lashings, public humiliation and arrest, is frequent. The Presidential Adviser on Gender and Human Rights and a senior SPLA member have raised their voices against such cases. Alarmed by such reports, the Central Equatoria Legislative Assembly has established an ad hoc committee to investigate the alleged disappearances of people in and around Juba. The report of the investigation has not been made public. 69. To date, the establishment of ad hoc commissions has been an inadequate accountability mechanism for such incidents; findings are not public, and no prosecution efforts follow against those found to be responsible for violations. For example, in May, 54 civilians from the Didinga tribe were killed, allegedly by Toposa tribesmen, in Budi county, Eastern Equatoria State. The findings of the ad hoc commission to investigate the killings have yet to be revealed. A report on the findings was presented by the Peace and Reconciliation Committee of the Government of Southern Sudan Legislative Assembly to the Speaker’s Office, but has not been disclosed nor discussed at the Assembly. 70. Illegal, prolonged and arbitrary detention continues to be a major concern in Southern Sudan. Large numbers of people in detention have been arrested by unauthorized people, without the mandated legal warrants or even for acts pertaining to their relatives or close ones, or are in prison for their inability to pay debts. Furthermore, many cases of people in “protective custody” without any charges and without their consent have been documented. A large number of women, including some with their children, are found in detention centres on unclear charges of adultery or even accusations of rape. Many of these women are put in detention by their own husbands and relatives and left to their fate. Cases of women placed in detention, including in private dwellings, by customary courts have been reported, for example in Nasser county. People with alleged mental health problems are placed in prison “for safekeeping and treatment” without being charged with any offence. Juveniles and young children have been and continue to be detained, even though Sudanese laws stipulate that children under 10 years of age are not subject to penal laws. Detainees continue to be held in detention and prison facilities for extensive periods without their cases being reviewed or without receiving adequate legal assistance. Of particular concern are the cases of people on

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