SSHURSA Calls On President Kirr To Restrain From Harmful Public Statements

"SSHURSA calls on President Kiir to always restrain from stating public
statements, which are harmful to the lives of the people if misunderstood
and misinterpreted."

08 February 2017      Press Release:

8 February 2017

SSHURSA Calls On President Kirr To Restrain From Harmful Public Statements

South Sudan Human Rights Society for Advocacy(SSHURSA), strongly calls
again on President Salva Kiir to restrain from publicly uttering emotional
statements that can harm life.



On 6 February 2017, while addressing members of the public in Yei town,
President Kiir was reported to have ordered his Minister of Defence to
execute any soldier of the Sudan People’s Liberation Army (SPLA). President
Kiir described soldiers to be executed as ‘those who would be suspects of
crimes and human rights abuses’.



The execution order by President Kiir could have been borne out of
frustration due to continued violation of human rights by the indisciplined
SPLA soldiers.

However, the order is legally problematic: it cuts out the due process of
the law as the soldiers to be executed, would be taken as guilty without
subjecting them to a fair trial. Such a would-be summary execution,
emotionally ordered by President Kiir without regard to the letter and
spirit of the law, is contrary to Article 19 (1) and 190 (a) of the
Transitional Constitution of South Sudan, 2011(TCSS 2011, as amended).



The Constitution provides for the presumption of innocence of an accused
person and one can only be declared a criminal after his or her guilt has
been established before a court of law, through legally laid down processes
in a fair trial.



President Kiir’s execution order is also a confirmation of absence of rule
of law in South Sudan. In a normal law-abiding state, it is NOT the head of
the state to decide who should be found guilty but the courts of law, on
evidence presented, determine the guilt of an accused person.



In 2015, President Kiir publicly verbally made a death warning against
journalists whom he described as against his government. A few days later,
a South Sudanese journalist, Peter Moi Julius, was gunned down in Juba by
unknown armed persons.



By President Kiir’s repeat of such statements, he is indirectly giving a
blanket warrant to some indisciplined SPLA generals to kill some soldiers
instead of arresting and taking them to Court for fair trial.



SSHURSA calls on President Kiir to always restrain from stating public
statements, which are harmful to the lives of the people if misunderstood
and misinterpreted. SSHURSA urges President Kiir to instead, through just
law, ensure discipline among his generals to respect human rights, rule of
law, rules of engagement and other principles of international humanitarian
law.



Disciplined army command will result in disciplined soldiers who will
respect human dignity, especially the dignity of women and children who
have been victims of heinous acts of the indisciplined armed forces.



SSHURSA finally calls on President Kiir to take up the commitment by
following the due process of the law to ensure that his army does not
continue violating human rights with impunity. President Kiir should also
ensure that court martials are set up and equipped with well trained legal
personnel, capable of ensuring that justice is not only done but is seen
being done. President Kiir’s words and actions should match the value of
his office.



Contact us through: E-mail: [email protected]/[email protected]. Tel:
+211 955 912 237 or visit our website at: www.sshursa.org



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