A/HRC/9/13
page 18
68. Following tensions related to cattle raiding, between the villages of Logurony and Iloli in
Hiyala, Torit, SPLA forces were sent to the area to attempt to disarm the community and prevent
them from clashing. In the darkness, mistaking the SPLA forces for livestock raiding attackers
from Iloli, the Logurony villagers opened fire. In the ensuing fight several villagers and eight
soldiers were killed. In the aftermath of the battle the SPLA took retaliatory action, including the
burning of huts and, allegedly, the execution of three captured villagers. According to the SPLA,
a board of inquiry has been set up and as of July an investigation into the incident was reportedly
ongoing. The Government of Southern Sudan must ensure that anybody found responsible for
violations be held fully accountable and the investigation report made public.
69. The incident also illustrates a general concern regarding the role that military SPLA forces
play in supposedly civilian law enforcement. For the justice and law enforcement institutions of
the Government of Southern Sudan, the issue of SPLA demobilization and integration into
civilian life has been a source of difficulty. The integration of thousands of SPLA members into
the Southern Sudan Police and Southern Sudan Prison Services has caused considerable strain,
as it is being done without due consideration for the skills and numbers required, or for the
limited resources within these institutions. In addition, former SPLA members frequently
maintain their old rank upon transfer into the new services making many of them excessively
top-heavy and causing some dissatisfaction amongst the professional staff. The relatively new
police forces and prison service of Southern Sudan also face many additional challenges of both
infrastructure and capacity.
70. One of the most problematic symptoms of the transition to civilian law enforcement is the
continuing interference and abuse of power by both civil and (especially) military officials.
There are several reports detailing cases of military personnel asserting powers of arrest over
civilians, despite the fact that the Interim Constitution of Southern Sudan states in
article 154 (5) “the Armed Forces in Southern Sudan shall have no internal law and order
mandate, except as may be requested by the civil authority when necessity so requires” and thus
clearly prohibits the SPLA from initiating police action.
71. Detention centres and correctional facilities are generally in very bad condition and do not
meet international standards. Lack of resources results in overcrowding, bad sanitation and an
absence of separate facilities for children, women or mentally ill people. Due to a lack of
specialized facilities for the mentally ill, all are detained in prison without receiving proper
medical care. In most prisons, approximately half of the population are remand prisoners, whose
cases are part of the enormous backlog of cases to be reviewed. UNMIS is trying to encourage
regular judicial reviews of the cases. Since January 2007 there have been three prison riots
resulting from frustration over lengthy detention periods on remand. The authorities are aware of
these problems as well as the wider issues facing the correctional system, and appear eager to
address them. A comprehensive human rights handbook on detention and correctional issues has
been produced, with plans to provide it to every official in the prison system. There is also a
programme to refurbish existing detention facilities, although this has suffered from slow
progress and a lack of funds committed and released by GoSS and the international community.
72. Reports continue to be received regarding SPLA personnel enjoying impunity for crimes
committed by them. The bulk of reported incidents are cases of assault, rape, arbitrary arrest,
intimidation and other general abuses of power. According to the police, they cannot investigate
cases involving military personnel as they fall under the responsibility of the SPLA and the
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