A/HRC/40/CRP.1 identities of these officials well. All of these witnesses attested to the existence of a generally functional hierarchical system of management and operations of these facilities. In this regard, the Commission notes that both the National Security Service Act (2014) and the SPLA Act (2009) provide for penalties for NSS members and SPLA soldiers, respectively, who commit violations. The National Security Service Act specifically provides for the application of the Penal Code to members of the NSS and also creates offences, among others, for abuse of power causing injury or damage to another person; conducting himself or in a way incompatible with the dignity or respect for his or her position; and inciting or coercing another member of NSS to commit an offence under the Act. 470 The SPLA Act specifically creates an offence for mistreating a detained under a soldier’s charge. 471 Both Acts further provide for Service Tribunals and Court Martials to deal with cases of misconduct.472 Detentions by the NSS As noted above, the structure and functioning of the NSS is regulated by the National Security Service Act (2014). This Act provides that the NSS is made up of the National Security Council and two operational organs, the General Intelligence Bureau and the Internal Security Bureau, both of which are supported by a Legal Department. 473 While the National Security Act (2014) does not specify any departments or officials as being in charge of detention, the Commission understands that the Internal Security Bureau is in overall charge of all detention matters as part of its operations.474 The Commission has requested from the Government of South Sudan information on the internal structure of a number of security agencies in South Sudan, including the NSS, but has not received any response from the Government to date. 475 From information received by the Commission, it is clear that the two main detention facilities in Juba, the Blue House and Riverside, were each managed by a Director and a Deputy Director of Detention. In relation to the Blue House detention facility, there was apparently both an organizational unit in charge of detention facilities, and one responsible for what was variously described as “detention” or “protection” for the period from late 2014 onwards. At the NSS Blue House, the Commission understands that the Director of Detention Facilities was the ‘officer-in-charge’ for the daily running of the detention centre, and would report to the Director of Detention. Accordingly, both these Directors, as well as their deputies would be aware of all ongoing activities at the detention facility, including the number of detainees, when they had arrived, the cell occupation and detention conditions, and any significant events that occurred on a daily basis. The National Security Service Act (2014) provides for a strict adherence to the chain of command principles, emphasizing that all members of the NSS shall carry out orders issued by their superiors. In particular, all members of the NSS shall “bear responsibility for any orders issued by him or her”476, and shall “at all times obey lawful orders issued to him or her by their superior related to his or her duties and exert utmost effort in executing such order”.477 The Commission has found no evidence that the regular chain of command within the NSS had broken down. To the contrary, many aspects of the arrest and detention of persons, including their transfer from different locations inside and outside of the country to Juba, their investigation, and release indicates these events took place as a result of orders by senior NSS (and Government officials), executed and coordinated by their subordinates inside the service. 470 National Security Service Act (2014), sections 56, 62, 73, 74. See also sections 61, 66, 67, 68. SPLA Act (2009), section 77(d). 472 National Security Service Act (2014), section 77; SPLA Act (2009), section 34. 473 National Security Service Act (2014), section 9. 474 Confidential Document, ERN D114127-D114129; Confidential Meeting, 19 December 2018. 475 Note Verbale to the Ministry of Foreign Affairs and International Cooperation of the Government of South Sudan, Requesting Documentation from Different Ministries, CHRSS/COR/2018/32, 21 November 2018. 476 National Security Service Act (2014), section 58(1)(b). 477 National Security Service Act (2014), section 58(1)(c). 471 74