4 Political Detainees at the Dock in Juba, South Sudan
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The trial for the 4 political detainees–Pagan, Majak, Oyai and Gatkuoth–has commenced in Juba, South Sudan. According to the Government of President Kiir, the four are facing charges of treason against the STATE following the last year Dec 15th military uprising in Juba.
Pagan Amum Okiech is the former powerful Secretary General of the ruling party, SPLM, ex-minister for Peace and President Kiir’s Chief Negotiator/Envoy to Addis Ababa on talks on the outstanding issues (border demarcation, oil and Abyei) between Juba and Khartoum; he is Shilluk, Upper Nile state.
Oyai Deng Ajak, a former Minister for National Security and South Sudan’s first Chief of General Staff; Was the chief Commander leading SPLM/A’s “Operation Jungle Storm”, the SPLA’s assault on Juba in 1992 as part of its Bright Star Campaign. He is Shilluk, Upper Nile state.
Dr. Majak Agoot Atem, former intelligence chief in the GoNU on behalf of the South/SPLM/A, later deputy Minister for Defence in Juba, Dr. Majak is also a nephew of Akuot Atem de Mayen, who contested power with Dr. John Garang at the inception of the Movement in 1983. He sided with Dr. John Garang against his own uncle, on ideological ground. What is interesting though is that he was the former personal bodyguard of President Kiir during the war of liberation (much as Bior–athuot was to Dr. John Garang) and his rise in the SPLM/A ‘s military hierachy was owed to his closeness to Commander Salva Kiir. After the fall of Kapoeta to the enemy in June 1992, it was Commander Salva Kiir and Commander Majak who defeated SAF at Buna, on their way to capturing Nairus and to advance on the Sudan-Kenyan border. The rapid rise of Dr. Majak (one of the youngest intellectuals to join the Movement) was said to have alarmed Dr. John Garang, who was once reported having asked Commander Salva Kiir “Ye menh ye ruook dhede ye tenou koor bin ye laar ne wo-nhiim?” which translate: “This youngster that you are promoting so fast, where do you want to take him above us?” He is a Dinka, Jonglei State.
Ezekiel Lol Gatkuoth: He is the former South Sudanese Ambassador to Washington, DC, USA. He is famous for the Stylistic ‘Nuer’ Dance he displayed, in front of International Media, on the day South Sudan’s Flag was hoisted at the UN General Headquarters in New York City. He was reported to have been involved in raising fund for Dr. Riek Machar in Arab Countries, together with Madam Angelina Teny. He is a Nuer, Upper Nile state. Unlike the rest, he is a diplomat, not a military man.
By PaanLuel Wël
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Treason trial opens in South Sudan capital (JUBA, 11 March 2014)
Four men went on trial in Juba on Tuesday for an “attempted coup” against the government of South Sudan allegedly carried out last December.
The trial was originally set to begin on Monday but was delayed by one day. The opening session took place at the High Court premises near Juba Teaching Hospital.
Roads were closed in the High Court area and heavy security surrounded the court building. Some media as well as foreign diplomats were permitted to attend.
In its presentation before the court, the prosecution stated that the criminal case against the four accused was initiated last 16 December at the Northern Division Police Station in Juba, under criminal case number 4701.
The prosecution stated that the four are charged under sections 66, 67, 72, 47, 75, 76, 206, 48, 52, 62 of the Penal Code Act 2008.
“Oyai Deng Ajak is now under arrest and on remand, Pag’an Amum Okiech, under arrest and on remand, Dr. Majak d’Agoot, under arrest and on remand, Ezekiel Lul Gatkuoth, under arrest and on remand,” stated the prosecutor.
Charges against these four include ‘treason,’ ‘incitement of the masses,’ ‘causing disaffection among police forces or defense forces,’ ‘defaming the government of South Sudan,’ and ‘undermining authority of or insulting the president.’
Evidences to be presented include a press release produced by the accused before their ‘attempted coup’ along with a recorded audio of a phone call between two of the accused, according to the prosecution.
“Number one is the press release, which was issued by the group on the 6th of December, issued during the press conference in SPLM House where one of the accused persons was the chief master of ceremony, Pag’an Amum,” stated the prosecutor.
He added, “The issue they are raising in this press release has no basis.”
Another evidence that the prosecution say they will present refers to events within the presidential guards on the night of 15 December, when shooting broke out in Juba.
“Number two, recorded audio. In this audio, Taban Deng Gai, who was the field commander of the forces was reporting to one of the suspects, Oyai Deng Ajak, telling him our forces are under pressure at the moment,” he said.
“And that is the night of the 15th, [he said] Riek Machar has ordered them to take the guns, but the armory storekeeper escaped away with the key, then we ordered them to break the armory. This audio will be produced in court and all of you will hear it, and other things, other transcripts that were recorded that night,” he continued.
The prosecutor asked the court to impose “maximum penalties” that are provided for under the mentioned sections of the penal code.
Another three persons – Dr. Riek Machar Teny, Taban Deng Gai, and Alfred Lado Gore – face the same charges in absentia, since they are still at large, but “the prosecution have separated their case.”
Also the prosecutor described Deng Alor Kuol, Gier Chuang Aluong, Kosti Manibe Ngai, John Luk Jok, Cirino Hiteng, Madut Biar and Chol Tong as facing the same charges yet being ‘on bail.’
The Sections:
47. Right of Private Defence against Deadly Assault when there is 2 Risk of Harm to Innocent Person
CHAPTER IV: JOINT ACTS, ABETMENT, CONSPIRACY AND ATTEMPT
48. Acts Committed by Several Persons in Furtherance of Common Intention
52. Abetment
62. Conspiracy
CHAPTER V OF FENCES AGAINST SOUTHERN SUDAN
66. Subverting Constitutional Government.
67. Insurgency, Banditry, Sabotage or Terrorism
72. Possession of Dangerous Weapons
75. Publishing or Communicating False Statements Prejudicial to Southern Sudan
76. Undermining Authority of or Insulting President.
CHAPTER XVI OF FENCES RELATED TO DEATH
206. Murder
VOA: South Sudan Political Detainees’ Treason Trial Begins
From left to right, former Security Minister Oyay Deng Ajak, former SPLM Secretary General Pagan Amum Okiech, former Deputy Defense Minister Majok D’Agot Atem, and former envoy of the semi-autonomous Southern Sudan government to the U.S., Ezekiel Lol Gatkuoth
In addition to treason, the four are accused of inciting the masses, subverting a constitutional government, insurgency, causing disaffection among the police and the army, publishing or communicating false information and undermining the authority of or insulting the president.
Reporters were allowed in to the packed courtroom in the morning when the treason trial of four South Sudan political detainees began on March 11, 2014, but not in the afternoon.Mayen cited as a key piece of evidence to indicate treason had been committed a press release that Machar issued days before violence erupted in Juba in mid-December.
In the release, Machar and other political figures accused Kiir of having dictatorial tendencies and of making decisions without consulting other SPLM officials.
Mayen said he also has an audio recording of a conversation between the suspects on the night violence broke out in Juba, which showed that Machar had ordered soldiers to break into the armory and take back the guns that they had been ordered to hand over.
Mayen said Machar, Taban Deng Gai — who is the lead negotiator for the anti-government side at peace talks in Addis Ababa — and Alfred Ladu Gore will be tried when they are apprehended. All three either went into hiding or left South Sudan when the trouble erupted.
Mayen requested that the hearing be closed to the public, citing the sensitivity of the case.
While the morning session was open to journalists, security personnel barred reporters from entering the courtroom during the afternoon session.
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