A/HRC/28/49
25 persons who had been arbitrarily detained, including three women, were released by the
county court judge on 11 December. Many of them had been in custody serving sentences
issued by customary courts, despite the fact that those courts do not have legal authority to
pass such sentences.
E.
Freedom of expression
41.
Respect for freedom of expression further deteriorated, with continuing acts of
intimidation, harassment and threats against the media and journalists, mostly by NSS
agents, being reported. Several editions of newspapers have been temporarily confiscated
and the newspaper offices ordered to close down, radio stations have been closed, and
journalists have been arrested and interrogated or harassed. This has resulted in an
atmosphere of self-censorship and has increasingly undermined the exercise of freedom of
expression.
42.
On 16 August 2014, NSS closed Radio Bakhita, run by the Roman Catholic Church,
arrested and detained its news editor, reportedly following a report, aired on 15 August, on
fresh fighting in Unity State, including views from SLPM/A in Opposition sources that had
been quoted in the Sudan Tribune. The editor was released on 19 August following pressure
from national and international media associations, and the station reopened on
5 November.
43.
On 10 October 2014, an SLPA spokesperson reportedly warned journalists to obtain
the “correct facts” from military command before reporting on any military or securityrelated issues. On the same day, NSS arrested and detained a foreign journalist, who was
released without charge on 15 October. On 31 October, NSS detained a photojournalist for
coverage at a petrol station during a fuel crisis. On 31 October, the editor of a major daily
newspaper was summoned by the police and kept in custody for several hours after a
complaint had been received about one of his opinion pieces.
44.
On 9 September 2014, the Office of the President reported that three media bills had
been signed into law: the Media Authority Act, the Right of Access to Information Act and
the Broadcasting Cooperation Act. While some portions of the laws promote human rights,
the Media Authority Act retains the criminalization of defamation from the South Sudan
Penal Code of 2008, making the offence punishable by a fine or up to two years in prison.
With the powers to appoint and remove members of the bodies established by those laws
given to the executive, the protection for journalists and media practitioners envisaged by
the laws appears to be nominal.
F.
Accountability
45.
There were very few significant developments in the area of accountability for
human rights violations and abuses, particularly those committed since the outbreak of
violence in December 2013. While some accountability measures in specific individual
cases were noted, including arrests and investigations in relation to the alleged killings of
civilians by police in Central Equatoria and Northern Bahr el Ghazal in November 2014, in
general there appeared to have been no meaningful efforts by national actors to hold
perpetrators of gross violations of human rights accountable.
46.
On 5 December 2014, senior officials of the Presidential Committee on Human
Rights Abuses, established in January 2014 to investigate human rights violations and
abuses committed by security agents and opposition forces, informed UNMISS that its
report had been finalized and submitted to the President. At the same time, the Inspector
General of Police of South Sudan informed UNMISS that investigations conducted by the
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents