South Sudan police pledge support to judicial system
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August 14, 2011 (JUBA) - Police authorities of the newly established
Republic of South Sudan on Sunday pledged full support to the judicial
system at all levels to strengthen rule of law.

The government made the pronouncement as part of the strategy aiming
at addressing reports and complaints emanating from the general public
that the capital Juba is experiencing an increase in crimes
perpetuated by individuals wearing either police or military uniforms
identifying them as members of the Sudan People’s Liberation Army
(SPLA).

Several members of the public have raised complaints of aggressive
behavior and impunity for those with guns. This is attributed to the
militarisation of the criminal justice system and allegations of
individual soldiers taking the law into their own hands-and to the
lack of independence in the judiciary.

South Sudan’s justice system is in an embryonic stage of development
and remains too weak to provide accountability for most human rights
violations. The judiciary and prosecution staff lack basic training
including communication with clients.

The new interim constitution of the republic of South Sudan made
English the official language of the new nation, putting pressure on
the justice system to improve English skills, equipment, libraries,
and other resources for those whose initial language of instruction at
higher learning institutions was Arabic.

There are also concerns that most of the judicial services remain
concentrated only in specific urban towns.

The State of Northern Bahr el Ghazal, one of the ten states of South
Sudan, for example has only five judges covering an area inhabited by
an estimated population of over 700,000 people.

The last population census conducted during the interim period when
Sudan was still a united country indicates 720,000 people inhabit
northern Bahr el Ghazal State.

The state government at the time contested the result and vowed never
to recognise it. The state governor at the last governor’s forum held
in Juba in November 2010 estimated South Sudan has a population of 13
million people.

Speaking to Sudan Tribune on Sunday during a one to one interview, the
Inspector General of South Sudan Police Service (SSPS), pledged
commitment of the police forces to fully support judicial system of
the government of south Sudan.

“The police authorities have always been supportive of the legal
system. Our support has never changed. We will always remain
supportive in executing our roles as law enforcement agent to the
judicial system”, said General Madut.

“Police has never operated in an isolation of judicial system. There
has always been spirit of cooperation as this is the way to strengthen
rule of law. Decisions made by the courts and other judicial apparatus
are always enforced by the police," explained the senior police
officer.

However, Deng mading Kuc, a private advocate in a separate interview
with Sudan Tribune in Juba, said one obstacle to holding human rights
violators accountable is the reluctance of police to investigate
crimes involving soldiers or other security personnel.

“I am in the market offering legal services and I have always found
out that one of the obstacles to holding those committing crimes and
human rights abuse accountable is the reluctance of police to
investigate crimes involving some of their colleagues. In many cases,
police plainly do not open and investigate cases against fellow
colleague”, said Kuc.

Kuc gave an example of rampant case of rape of women allegedly
perpetuated by individual elements camouflaging uniforms of the Sudan
People’s Liberation Army.

“I have always offered legal advice on cases refused by the police to
take victims’ statements and open an investigation. Most of the cases
brought to my attention include cases indicating police preference
referring victims to national security or to SPLA’s military police
unit”, he said.

He gave another example of a case he attended in Rumbek, Lakes State,
in September 2008 when the police refused to open an investigation and
instead referred victims to the SPLA.

The private advocate said he made his own analysis and found out that
one of the reasons which contribute to reluctance of the police to
investigate human rights violations, including those committed by
their own fellow colleagues in the police and other security organs,
is fear of retaliation.

“There are a lot of examples. One of the examples is the incident
which occurred in Western Equatoria in November 2007, where a group of
soldiers serving in the then Joint Integrated Units at Yambio, capital
of the state, attacked local police, killing ten, including three
senior police officers. The president made emotional statement that
the culprits would be punished before the public but nothing has taken
place until this moment”, he said.

Authorities often cite the incident as illustrative of soldiers’
interference in the justice system and impunity. The incident which
occurred in Yambio was triggered by the arrest of a soldier suspected
to have killed another soldier.

(ST)

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