Press Statement: The Arbitrary Detention of Hon. Adhum Achol Geu in Rumbek, Lakes State

Press statement: On the arbitrariness of the detention of Hon. Adhum Achol Geu, the Member of the SPLM-IO and the present deputy chairman of the RRC in Lakes State

By Hon. Juol Nhomngek Daniel, Juba, South Sudan

Saturday, 06 January 2024 (PW) — On September 10, 2023, Adhum Achol Geu, the Deputy Chairman of Lakes State Relief and Rehabilitation Commission (RRC) on the ticket of the SPLM-IO was arrested and then detained indefinitely at Military Detention Centre at Panda Hotel in Rumbek, Lakes State.

He was neither immediately informed of any charges of the crime he committed, he has never been informed of the charges to date, nor was he taken to court for remand in case there might have been an investigation going on, which, in fact, as far as I know, the investigation has never been undertaken.

My efforts as a Member of the National Parliament on the Ticket of the SPLM-IO to contact the authorities in Lakes State, including the Coordinator at Lakes State Coordination Office in Juba in order to find out the steps the government of Lakes State have taken in the present case and to also remind them of the continuing violation of Hon. Adhum Achol Geu’s rights did not yield any fruits yet I am not aware of any steps being taken by the state government to ratify his arbitrary detention.

Based on the above background and the explanation, I have decided to issue this official statement in my capacity as the member of the SPLM-IO in the National Parliament who has the duty to promote the interest of our Party and that of South Sudan.

Thus, the detention of Hon. Adhum Achol Geu at Military Detention Centre at Panda Hotel in Lakes State without any clear reasons up to date amounts to arbitrary detention due to the following reasons— First, it is clear that his detention cannot be legally justified in law to support the deprivation of his personal liberty.

Second, his detention is in total non-observance of the international norms relating to the right to his personal liberty and fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by South Sudan through its act of acceding to the UN Charter, 1945, the Universal Declaration of Human Rights and African Charter on Human and peoples’ Rights, which give the deprivation of his personal liberty an arbitrary character.

Third, the deprivation of his personal liberty constitutes a violation of international law on the ground of discrimination based on political affiliation since he is a member of the Opposition (the SPLM-IO) that result in him being denied the right to equality before the law in accordance with Article 14 of the Transitional Constitutional of South Sudan, 2011 as amended.

Fourth, his indefinite detention without charges at the Military Detention Centre at Panda Hotel in Rumbek, Lakes State is against the Transitional Constitution, National Police and Prison Acts.  It is contrary to Articles 9 (3) and 19(1), (2), (3), (4), (6) and (7) of the Transitional Constitution of the Republic of South Sudan, 2011 as amended to observe proper procedures in executing crime prevention measures under the criminal law. Lakes State Authorities are therefore required to observe and respect human rights norms and standards under the Bill of Rights in our Constitution during his arrest, detention and even during his trials in order for him to have a fair trial and respect for his personal liberty and fair hearing.

Fifth, the failure of Lakes State Government to inform him of charges of crime he committed or failure to produce him before the competent courts of law means that he has not committed any crime but he is being illegally detained because of his political affiliation. The Lakes State Government under South Sudan has totally failed to observe (in the present case) the international norms relating to the right to a fair trial, established in the African Charter on Human and peoples ‘Rights, in the Universal Declaration of Human Rights and in the relevant international instruments accepted by South Sudan.

Sixth, Human Rights are sacred that Lakes State authorities must not interfere with their enjoyments by Hon. Adhum Achol Geu unless there are clear grounds for the restrictions of his personal liberty. Article 19 (1) of the Transitional Constitution, 2011, as amended, presumes him to be innocent unless proved otherwise. Hence, his detention is contrary to the presumption of his innocence.

The presumption of innocence gives Hon. Adhum Achol Geu the right to defend himself in person or through a lawyer of his own choice or to have legal aid assigned to him by the government of Lakes State if he cannot afford a lawyer to defend himself in the present case.  I am appalled by his indefinite detention without being informed of the charges of the crime he committed, which is contrary to his presumption of innocence. He must be produced before the competent courts of law for the speedy trial or unconditional acquittal if there are no charges against him.

Seventh, his indefinite detention in the military facility at Panda Hotel in Lakes State is a grave violation of his personal liberty contrary to Article 12 of the Transitional Constitution and provisions of other Regional and International Human Rights standards against arbitrary detention that are universally recognized and unconditionally accepted by South Sudan.

Eighth, his detention under military under unbearable conditions constitutes a violation of international human rights law, norms and standards as it is incompatible with the duty of South Sudan under the Universal Declaration of Human Rights, general principles of international law, customary international law, International Humanitarian Law, as well as the relevant international human rights instrument that South Sudan has been acceding to or ratifying since 2012 which are now part of its domestic laws by virtue of Article 9 (3) of the Transitional Constitution. 

Ninth, the government of Lakes State must know that all forms of arbitrary deprivation of personal liberty are prohibited as they are contrary to general practice accepted as law, constituting customary international law and its standards and a peremptory norm (jus cogens). It is in violation of the status of the prohibition of torture as a peremptory norm (jus cogens).

Tenth, Lakes State Government as the Government under the National Government, has the duty in all cases to strictly review the lawfulness, necessity and proportionality of the measure depriving Hon. Adhum Achol Geu’s personal liberty. Failure to observe the human rights norms and standards that subject Adhum Achol Geu to unbearable conditions amounts to a violation of the Convention against Torture or Degrading Treatment or Punishment and its protocols.

Eleventh, South Sudan, by virtue of being a member of the East African Community, accepts to observe its operational principles of rule of law, transparency, accountability and Human Rights standards. Thus, Lakes State Government must respect the rights and freedoms of Hon. Adhum Achol Geu and make sure that he is granted speedy trial or unconditionally acquitted if there are no charges levelled against him.

Finally, we would like to stress that we do not support crime as the SPLM-IO neither do we support the unlawful or arbitrary detention of any persons irrespective of grounds.  We strongly call upon the government of Lakes State to bring Hon. Adhum Achol Geu to the Court with competent jurisdiction within a reasonable time after receiving this statement or unconditionally release him with compensation if there are no charges against him. His right to be brought before a court without delay is not derogable under international law.

The Government of Lakes State must not suspend, render impracticable, restrict, or abolish the right of access to competent court under any circumstances, even in times of war, armed conflict, or public emergency which threatens the life of the state or the nation and the existence of which it is officially proclaimed.

If Lakes State Government fails to heed to this call, we shall be forced to file a case by making a reference to East African Court of Justice on grounds of the violation of rule of law, democracy and human rights standards. The Government of South Sudan is encouraged to effect reforms in the judiciary so that the citizens have effective access to justice.

The author, Hon. Juol Nhomngek Daniel, Member of Parliament representing Chueibet County, Lakes State under the SPLM-IO ticket, can be contacted via his Tel: +211922772165 or email: nhomngekjuol@gmail.com.

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