23rd May 2016, South Sudan’s army chief of staff, General Paul Malong Awan, has unlawfully ordered the detainment of General Buay Rolling and General Joseph Manyuat Manyzol for four months.
Article 12 of the Transitional Constitution of the Republic of South Sudan, 2011 states,
‘no person shall be subjected to arrest, detention or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law.’
Section 64 (3) of the Code of Criminal Procedure Act, 2008 states,
‘The Magistrate, upon the recommendation of the Public Prosecution Attorney, may order detention of the arrested person, for purposes of investigation, every week, for a period, not exceeding, in total two weeks’.
This detainment violates the rights of Rolyang and Manyzol and demonstrates a continued degradation of freedoms in South Sudan. President Salva Kiir Myardiit should execute his power to intervene in this unlawful detainment.
Rolyang and Manyzol are being held without charge. They have not been brought before a court or judicial authority at the time of this writing.
Section 83 of the Code of Criminal Procedure Act, 2008 states, ‘the person executing a warrant of arrest shall’, that is, Awan, ‘without unnecessary delay, bring the person arrested before the Public Attorney, Magistrate or Court specified in the warrant, and, in any event, within 24 hours after his or her arrest.’
Myardiit should hold Awan to account for this unlawful action. Myardiit needs to ensure that the standards and obligations of the Transitional Constitution are fully enforced to assure public confidence in the judicial system.
Myardiit should order the release of Rolyang and Manyzol immediately as they have not been charged at the time of this writing.
Herein is an example of why the government of South Sudan needs assistance to reform its governance as fundamental principles of interpretation and application of the Transitional Constitution are not being implemented and there