A/HRC/40/CRP.1 families resulting in the rapist paying a bride price to the family of the survivor and marrying the victim, compounding the distress and injury of the victim rather than remedying it. 1551 Furthermore, there remains a large gap between reports of sexual violence documented by human rights bodies such as the UNMISS Human Rights Division or this Commission and the number of formal prosecutions for sexual violence. In 2016, the most recent year for which statistics are available, the Ministry of Justice and Constitutional Affairs recorded 255 sexual and gender-based crimes cases which resulted in 45 convictions, including 147 rape cases, which resulted in 25 convictions.1552 The 2016 figures are skewed downwards as the court system as a whole recorded fewer cases that year as a result of the fighting that broke out in July. There was a large reduction in cases processed in part because judicial services largely ground to a halt in the second half of the year and in part because the security situation, including massive levels of displacement, was not conducive to people reporting crimes.1553 At the same time, however, the crisis also resulted in high levels of sexual violence being perpetrated and the drop in recorded cases suggests that there has been little or no accountability for these crimes. In this regard, the Commission notes that the UNMISS Human Rights Division documented 217 victims of sexual violence including rape and gang rape committed in Juba between 8 and 25 July 2016 alone.1554 Of concern is the fact that, in addition to the relatively small numbers of sexual and gender-based violence cases which are prosecuted in the formal justice system (rape cases made up two percent of all cases in 2016), they also have a significantly lower conviction rate than other crimes. In 2016, the overall conviction rate was 82 percent. However, for sexual and gender-based violence cases, the conviction rate was only 18 percent.1555 The reasons behind this discrepancy merit further investigation. Nonetheless, a promising development is the initiative to set up a specialised court within the national justice system to focus on sexual and gender-based crimes. Following interviews with the national justice sector in 2017, UNMISS Rule of Law Advisory Section found that adequate legal and structural frameworks exist to support the investigation and prosecution of conflict-related crimes against women and children, including those committed by police and soldiers, and that there is willingness on the part of several senior officials to support the establishment of dedicated units to do so. 1556 Accordingly, a building within the Juba Courts Compound has been refurbished to house a specialised court to facilitate linking all the elements of investigation and prosecution more effectively. The building has sections for victim support, prosecution, and police. The specialised sexual and gender-based violence court is located in close proximity to the “OneStop-Shop” Family Protection Centre in the Juba teaching hospital which provides survivors of sexual violence with a range of services including medical, psychosocial and legal support. The Court’s inauguration is expected to take place in early 2019. What Works to Prevent Violence Against Women and Girls Consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017. 1552 Ministry of Justice and Constitutional Affairs, Case Management Report 2016. This included 147 rape cases, of which 25 resulted in convictions, 93 cases of kidnapping or abducting to compel marriage of which 18 resulted in convictions, 12 cases of enticing or detaining a married women, resulting in one conviction; two cases prosecutions for female genital mutilation which did not result in convictions; and one case of coercing or inducing someone for the purposes of engaging in sexual conduct, which resulted in a conviction. 1553 By way of comparison, in 2015, 320 cases of rape were prosecuted—more than double the number prosecuted in 2016. See Ministry of Justice and Constitutional Affairs, Case Management Report 2015. Furthermore it should be noted that these figures are incomplete as they only include statistics from Eastern Equatoria, Central Equatoria, Northern and Western Bahr el Ghazal, Warrap and Jonglei states. No statistics from Unity, Upper Nile, Western Equatoria and Lakes states are included. 1554 OHCHR/UNMISS, A Report on Violations and Abuses of International Human Rights Law and Violations of International Humanitarian Law in the Context of the Fighting in Juba, South Sudan in July 2016, January 2017. 1555 Ministry of Justice and Constitutional Affairs, Case Management Report 2016. 1556 Interviews with UNMISS Rule of Law Advisory section. 1551 197

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