South Sudanese legal expert James Okuk says suspects for crimes against the state are suffering injustice of law on crimes as the Transitional Constitution allows exceptions for arrest without warrant and indefinite detention without appearance in court for suspects of crimes against the state.
He says unless there is political pressure exerted on the Attorney-General for the release or bail out of detainees for crime against the state like taking up arms against the government, the case of Western Equatoria youths arrested following community clash with armed pastoralists remains complicated with indefinite detention.
Government Spokesperson Michael Makuei Lueth recently told journalists to keep quiet about the arrest and detention of Western Equatoria youth.
Community Action for Peace and Development Association Chairperson Ashraf Ali Amule who was in custody for three months without a charge and later released him for having no case says such detentions are unfair abductions.
South Sudan Transitional Constitution, 2011 Article 159 (c) states ‘National Security shall respect the will of the people, the rule of law, democracy, human rights and fundamental freedoms’.