A/HRC/23/31
comprise armed young men conducting cattle raids, criminal groups carrying out
opportunistic cattle-raiding attacks or heavily armed rebel militia groups.
21.
Although the civilian disarmament process in Jonglei in March 2012 and the peace
mobilization accompanying the All Jonglei Peace Conference in May 2012 led to a relative
reduction in violence and greater stability, they were soon jeopardized by the re-emergence
of the David Yau Yau militia during the second half of 2012, the return to the State of
armed Murle youth from Ethiopia and the lack of resources and capacity to implement the
decisions of the above-mentioned peace conference. An increase in alleged human rights
violations by the security forces during the disarmament process in Pibor County between
March and August 2012 were brought to the attention of the relevant authorities by
UNMISS for investigation and prosecution of perpetrators.
22.
As a result of armed group activities and the response of the Sudan People’s
Liberation Army (SPLA), many communities in Jonglei abandoned their homes and moved
to safer rural areas. In an effort to tackle the threat posed by the David Yau Yau militia, the
national authorities prioritized political efforts by engaging with Murle chiefs, politicians
and youth groups, even extending an offer of amnesty to Yau Yau. Reports indicated,
however, low civilian confidence in the reconciliation process as well as fear of reprisal
from the security forces. The result has been that civilians in Jonglei have continued to face
the most significant protection threats, particularly in Pibor, Akobo and Pochalla counties.
B.
Administration of justice and the rule of law
23.
Despite progress in certain areas, the justice system in South Sudan remains weak
and ineffective. There is a shortage of qualified judges and lawyers, poor infrastructure,
underdeveloped management systems, poor coordination across the criminal justice system
and lack of adequate communication and transport. At the local level, many criminal cases
continue to be adjudicated through customary justice mechanisms that do not meet
international human rights standards and, in many cases, also violate the transitional
Constitution of South Sudan and other national laws. The South Sudan National Police
Service (SSNPS) and other security agencies charged with enforcing the law still need
significant further training and capacity-strengthening.
24.
Even though South Sudan voted in favour of a global moratorium of the death
penalty in November 2012 at the General Assembly,1 subsequent reports indicate that
individuals continue to be sentenced to death. More than 233 individuals remain on death
row throughout the country. Very few convicted individuals, including those sentenced to
death, enjoyed legal representation during their trials. Bureaucratic and unclear procedural
requirements also hinder the exercise of the right of appeal.
25.
Prolonged and arbitrary detention remains a significant concern. Lack of means or
understanding of the applicable procedural provisions and case backlogs in prosecutors’
offices are among the most significant factors contributing to detention that regularly
exceeds legally authorized limits. The Government has acknowledged the seriousness of
the issue and established a high-level policy panel to take action, in particular by launching
a mobile courts initiative to accelerate legal proceedings and to compensate for the shortage
of judges, despite efforts made by the judiciary to recruit more judges for assignment to the
various States. Cases of arbitrary arrest and detention by the police without a proper legal
basis or without following proper procedural requirements, and arrest and detention by
1
6
General Assembly resolution 67/176.
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