Former Public Security Boss’ Case In Supreme Court
The police defence lawyer, Advocate Kiir Chol has taken his client’s
case (former Director of Public Security and Criminal Investigation)
to the South Sudan Supreme Court over basic human rights violation at
the State Court, contravening provisions in the South Sudan
transitional constitution.28 August 2011
Advocate Kiir Chol speaking to the press at the Central Equatoria
State High Court premises [©Gurtong]
By Waakhe Simon Wudu
JUBA, 28th August 2011 [Gurtong] - The police defence lawyer, Advocate
Kiir Chol has taken his client’s case (former Director of Public
Security and Criminal Investigation) to the South Sudan Supreme Court
over basic human rights violation at the State Court, contravening
provisions in the South Sudan transitional constitution.

“The supreme court of South Sudan has a mandate to uphold and protect
human rights and fundamental freedoms as being provided in article
126(2) k of the South Sudan transitional constitution. Based on this
section, we filed a case directly to the supreme court,” Kiir told
Gurtong.

Maj. General Marial Nuor Jok, former Director of Public Security and
Criminal Investigation in the South Sudan Police Service was arrested
on the 26th of July 2011 and is allegedly being detained in an unknown
military barracks under the orders of the South Sudan Inspector
General of Police, Tito Acuil.

Nuor was tried for the second time at the Central Equatoria State High
Court on the 16th August 2011 in what his defence lawyer Mr. Kiir
described as “compromised trial and ruling” that remanded him back to
detention.

Tito Acuil accused Nuor of; disappearance of one, John Luis in April
2011, following reports that he was summoned to the office of the
Chief Public  Security and Criminal investigation department over land
disputes,

Accepting bribes for assets such as houses, shops, plots, in return
for cash and shops in Konyokonyo area,

Permitting the arbitrary arrest of civilians in illegally created
public security detention facilities, extortion of money from families
of innocent citizens,

Arming his tribesmen with guns to perpetuate tribal and sectional
disputes in Yirol West and East Counties of Lakes State, and

Illegal incorporation of Sudan People’s Liberation Army, SPLA officers
and other ranks who are not police personnel and who have not obtained
official release from their parent institutions including public
security and criminal investigation departments.

However, in his defence Mr. Kiir Chol said that the detention of Maj.
General Nuor is illegal and that it contravenes the national
constitution. “The allegations/suspensions upon which the arrest and
the detention were based are absolutely baseless as the petitioner has
never committed such offenses,” Kiir said.

“The continued detention of the petitioner at the army barracks
without inquiry or trial is unlawful as it contravenes his basic human
rights and fundamental freedoms as enshrined in articles; 1(5), 9, 12,
18 and 19 of the transitional constitution of the Republic of South
Sudan,” Kiir added.

He claimed that denial of his client’s family access to visit him as
well as denying him medical treatment as he suffers from kidney
infection violates his clients’ human rights.

“It also contravenes articles; 3,5,7,8,9,10 and 11(1) of the universal
declaration of human rights as adopted by resolution 217(111) of the
10th December, 1948.” According to Kiir.

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