A/HRC/43/56 and taken for questioning and ultimately detained at the Blue House.” 258 Those who had returned to South Sudan were too afraid to continue to work publicly.259 77. On 26 March, the Media Authority suspended Al-Watan newspaper for alleged noncompliance with licensing requirements. On 17 July, its editor-in-chief was arrested at Juba airport by NSS agents who forced him off a flight and confiscated his passport.260 Another civilian was tortured by NSS Officers and repeatedly detained unlawfully in solitary confinement at the Blue House for several months in total. 261 On 4 August 2019, the former manager of Yirol Community Radio was reportedly released following nearly three weeks in prison. He had been arrested at the airport on 10 July for allegedly making defamatory remarks against the governor of Eastern Lakes State on social media. 262 78. On 2 January 2020, President Kiir pardoned via presidential decree dozens of prisoners, including high profile political detainees. Peter Biar Ajak, a political activist who was detained by the NSS at Juba International Airport on 28 July 2018, and prominent businessman Kerbino Wol Agok were among the group released.263 Violations and alleged crimes - findings 79. The responsibility of the Government to promote and protect democratic space and foster an inclusive political environment, including through freedom of expression, peaceful assembly and association is a hallmark of the State’s duty to uphold justice and rule of law. These violations do not occur because South Sudan lacks a sound legal system or the absence of national and international legal frameworks to prevent and punish them, but rather should be attributed to the on-going and entrenched impunity across state institutions and leadership, which allow those in positions of authority to act in flagrant disregard for the law in the belief that they will not be held accountable for their acts. 80. The Commission has collected evidence which indicates that members of the State Security forces were involved in the unlawful journalists and editors,264 harassed and detained members of civil society considered critical of the government, infiltrated civic organizations,265 suspended newspapers deemed critical of the state and revoked journalists’ accreditations whom they accused of breaching national security. Collectively, these acts were contrary to national and international human rights obligations to protect the fundamental rights and freedoms of those within its jurisdiction. The Commission has documented that these actions of the government through its security organs and Media Authority were unlawful. Any derogation, suspension or suppression of freedom of expression must be proportionate, non-discriminatory and limited to address the emergency or situation. Restrictions and suppression during the period under review were not warranted as there was no such emergency nor situation warranting the same. 81. The acts pursued violated the right to information and expression, 266 freedom of association267 and freedom of assembly268 under the African Charter on Human and Peoples’ Rights. The acts were also contrary to Article 24 of the Transitional Constitution of South Sudan (2011) which guarantees the right to freedom of expression, reception and dissemination of information and the Media Authority Act (2013) which enshrines principles of freedom of the press including reiterating the fundamental nature of Article 24 of the 258 Confidential meeting, 7 November 2019. The NSS headquarters in Juba is commonly known as the “Blue House.” 259 Confidential meeting. 260 ERN 102903 - 102908, para. 10. 261 ERN 103538 - 103547, paras. 31 -33. 262 Eastern Lakes authorities release detained journalist, Radio Tamazuj, 4 August 2019, available at https://radiotamazuj.org/en/news/article/eastern-lakes-authorities-release-detained-journalist. 263 ERN D120816 - D120819. In October 2018, the Pan African Lawyers Union (PALU) had instituted a case against the government of South Sudan at the East African Court of Justice challenging the arbitrary arrest, unlawful detention and torture of Kerbino Wol. The case is still ongoing. See EACJ, case no. 18/2018. 264 ERN 102903 - 102908, para. 10 265 Ibid. 266 Art. 9. 267 Art. 10 268 Art. 11 42