Episcopal Church of South Sudan’s Archbishop in Juba Paul Yugusuk earlier said nobody has been held responsible for the crime.
Hence no justice for the victims because the army Kubi suspects have all been freed and the leadership has not punish any of the soldiers.
‘They are not in their custody. We have colleagues from the army. We are following this case by the way. I don’t know where they have been taken but they are not there and we are still waiting. Of course they will appear before the court. Maybe they are being bailed. I have no problem with that. But what I would say is that this is not the only last year incident. But there are a lot of cases that soldiers are left free. Nothing happened to them. This is not the only the case but in the whole of South Sudan. All these incidents all this killing nothing is happening’.
Archbishop Yugusuk further alleges that most citizens are fleeing to neighbouring countries to become refugees in camps to escape from the SPLA government forces harassing them and burning their houses.
He reaffirms that the Kubi rape suspects are not in custody and it is not the only case when suspects have been freed.
‘The majority of people who have gone to refugee’s camps it’s not because of con-flict between opposition and government. It’s because our army the government army the SPLA especially threatening people killing people burning houses and as such they have to flee. They went to refuge simply because of our own army’.
Sudan People’s Liberation Army Spokesman Brigadier-General Lul Ruai Koang denies re-lease of the Kubi rape case suspects.
‘When it first broke the news of rape at Kubi village. We took action and four SPLA soldiers were arrested they were brought to Giyada tried in accordance with SPLA rules regulations. This serious allegation that that be released is not an allegation that I’m going to buy or are going to entertain’.
He was responding to the allegation made by the Archbishop Paul Yugusuk who claimed that the suspects have been released.
The SPLA spokesman adds that they have not been able to take action against the reported cases because of several legal reasons. General Lul Ruai Koang says the Archbishop has been going over the media to speak on the issue without consulting the army.
He accused the Archbishop of creating unnecessary media war with the army while the mat-ter is still under investigation.
‘We released suspects when they’re found innocent we’ll sentence them when they’re guilty. We have been doing it and each time it is done we would be on their waves informing the whole world about what we had done. We did it after July clashes we have been doing regularly’.
Brigadier-General Lul Ruai Koang disagreed with the Archbishop’s accusation that they have dismissed over 150 soldiers from the army for various crimes after the July incident.
‘We have ended up dismissing over 150 SPLA soldiers from service for different crimes. I do not see any reason why case of Kubi village should be an exception. I don’t think the right Honourable Bishop is right in saying that some of the suspected rapists had been released’.
Executive Director Community Empowerment for Progress Organization or CEPO Edmond Yakani appeals to the SPLA leadership to be transparent in the investigation of the Kubi rape incident like any other sexual violence like terrain hotel in 2016 which has been publicly reported.
‘I do appreciate some positive case studies. People have been following media is publishing so I wish any case any incident of sexual violence would be handled the same way. Not because Terrain case it have humanitarian actors who are internationals and then cases like the Kubi village or other cases that are happening then would tend not to be more public more transparent to those cases compared to the case of Terrain Hotel case because for me I do appreciate that they have positive case they have registered and one of the better case that that was the have done enough transparent is terrain hotel but we have the case of Kubi village perpetrators what happened?. Where are they? Are there any information, are there any update? or why is it silent now?’.
Mr. Yakani however appreciates the SPLA for holding their colleagues accountable after they were accused of sexual violence and other wrong doings in the past.
But some accused SPLA members, their fate is not known and not sure whether they have been bailed and released.
‘Where the perpetrators are they free are they being punished. So we will see those coming up even in the printing media you’ll find a spokesperson who say we have sentenced this number of soldiers because of this. Can that become more of the module the methodology of dealing with all sexual violence cases that are registered against them and they come so public against each single incident that was regis-tered publicly’.
Reech Malual an Advocate and Legal Consultant says it will be an impressive step by the SPLA to bring their colleague suspects to book to restore the army’s confidence to the civil-ians which is now lacking.
‘I assume as been said that some of them have been released. We do not know yet the ground for their release. But then what we know in our laws is that there is something called capital crime like murder rape and etcetera like war crimes. You are not entitled to be released on bail because this is a capital crime. So in our criminal procedure you are not entitled to set bail out’.
Lawyer Malual says the victim’s family deserves to be satisfied by the law rather than releasing the suspects. He urges the military leadership to bring the suspects to book as specified to the law.
‘Unless the court acquits you for example the court says that you are not guilty then this will be the grounds for you to leave. But then if the investigation is still ongoing and also the court hasn’t take its decision yet and then you are supposed to remain behind bars until you are cleared from all those if you are not cleared and then the court will see an appropriate and thus how justice is the achieved’.
He stresses the need to separate between military personnel that want to work for the country in the true spirit of the SPLA.
‘It’s really very complex when somebody learns that people were arrested for com-mitting certain crimes and later on released it tease a state of anarchy. And instead it happens and it’s also a state of defeating justice and I would moreover encourage the military to still bring them back and let them stay behind bars until the military court takes charge of it. This is I think also account people who are committing un-necessary acts’.
It could be recalled that, on February 13th 2017, Kubi village along Juba Nimule road was raided by men in military uniform identified as personnel of the Tiger division of SPLA. They allegedly raped dozens of women and young girls, tortured youths and men.
Four were arrested in March after initial investigations. No other information has been heard about them since then.
Meanwhile, the victims and their families are still calling for justice.
Maura Ajak reporting for Catholic Radio Network news.