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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