A/HRC/18/40 orientation of SPLA. On 8 April, the Government of Southern Sudan established a committee to conduct credible investigation into the allegations. It is imperative that the findings of the investigations be made public and the alleged perpetrators be brought swiftly to justice. 47. In addition to the generalized insecurity and continuing violence, South Sudan currently has very little capacity to dispense justice through the formal system. Weaknesses in its law enforcement capacity and the acute shortage of qualified staff in the justice sector have fuelled impunity for crimes. Illegal, prolonged and arbitrary detentions continue to be a major concern. Large numbers of people are put in prolonged detention without mandated legal warrants, very often in overcrowded and dilapidated cells. In Lake and Western Bahr el Ghazal, UNMIS observed that more than half of pretrial detainees had been held without the appropriate warrant extension. Despite the lack of due process, the criminal code of South Sudan allows the application of the death penalty; executions have indeed been carried out. In Malakal, Upper Nile, a prisoner was executed in October 2010 even though prison authorities had confirmed that he was illiterate and he did not receive legal representation during his trial. Of four prisoners executed in the State of Northern Bahr el Ghazal in September 2010, only one was reported to have benefited from legal aid. 48. Concerns also remain about continuing human rights violations linked to discrimination against women in SouthSudan. Sexual and gender-based violence, forced marriages and abduction of women and children associated with inter-communal violence remain widespread. Serious crimes against women are sometimes settled through the traditional justice system, which very often applies discriminatory customary norms focused more on reconciliation than on ensuring accountability. In Western Equatoria, a man suspected of raping his two under-aged stepdaughters was released on bail after he agreed to compensate the victims’ family. Another man suspected of murdering his wife was also released by the police after the families agreed to a settlement out of court. 18

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