A/HRC/7/22
page 16
Assembly had not adopted any of the key bills that would advance the implementation of the
Comprehensive Peace Agreement or other important legislation, such as the Penal Code, Code of
Criminal Procedure, the Child Bill, the Prisons Bill and the Police Bill. Owing to the delays in
the passing of legislation at both the executive and legislative levels, the executive has indicated
its willingness to adopt certain pressing laws, including those relating to the commissions and
codes, by provisional orders.
64. SPLA demobilization and integration into civilian life has been a source of difficulty for
the justice sector institutions of the Government of Southern Sudan. The integration of thousands
of SPLA members into the Southern Sudan police and Southern Sudan prison services has
caused considerable strain, as it is being conducted without due consideration for the skills and
numbers required or the limited resources within those institutions. In addition, former SPLA
members continue to maintain their old ranks upon transfer into the new services, causing
dissatisfaction among professional staff. Of concern is the recent deployment to Jonglei State of
a new police unit that appears to be independent of the Southern Sudan police service and close
to the local governor and national security forces.
65. The administration of justice is challenged by interference and abuse of power by officials,
both civil and, to a larger extent, military. While several cases have been reported, the Yambio
killings of 4 November are certainly a case in point as they openly challenged institutions
responsible for rule of law and raised underlying tensions at the local level, which were
fortunately controlled thanks to the opportune intervention of Government of Southern Sudan
officials, assisted by UNMIS. On 4 November, five SPLA/Joint Integrated Unit soldiers killed
three senior members of the local police at the local police station inside Yambio town
(Western Equatoria State). The Yambio police headquarters and other police stations were
abandoned during that time and many civilians fled the area. A few days after, many people took
to the streets in solidarity with the victims’ families and to protest against what the local
population considered an attack against their own people by the Dinka-dominated SPLA
contingent. A large number of soldiers have been arrested in connection with this case and are
currently awaiting trial in Yambio central prison. An ad hoc committee was established and is
currently investigating the case. It remains to be seen whether the results of the investigations
will bring the perpetrators to justice.
66. Cases of military personnel asserting powers of arrest over civilians continue to be
reported. In September, for example, illegal arrests of foreign commercial traders by security
forces were reported in Wau. An ad hoc committee was formed to investigate the case but the
results remain unknown. This situation of military personnel illegally arresting people not only
feeds into the population’s existing mistrust of State authorities and institutions, but encourages
disrespect for the institutions responsible for rule of law.
67. Numerous incidents involving loss of life caused by law enforcement officials have been
reported, many occurring while they were intoxicated. For example, on 5 September, a
policeman stabbed to death a leader of the Ugandan trader community in Juba when the man
intervened to stop the beating of another man by the police. On 23 October, a shooting involving
five SPLA soldiers and two Arab traders was reported in Rubkona market, Unity State,
following an argument over food. As a consequence, the soldiers were arrested by military
police.
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