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Activist urges South Sudanese to denounce public shaming punishment

Author: Michael Daniel | Published: October 10, 2024

A woman beaten in a paraded interrogation in Leer County after she allegedly stole an infant. (Photo: Courtesy).

A human rights activist is urging South Sudanese communities to end the practice of public shaming of crime suspects and follow legal procedures that respect the rights of those accused in their quest for justice.

Advocate Deng John, the Chairperson of Africa Center for Legal and Human Rights Studies was reacting to a video circulating on social media showing the beating and humiliation of a woman accused of kidnapping a child in Leer County in Unity state.

The video was posted in the official Facebook page of Leer Commissioner Stephen Taker Riak before it was taken down days later.

According to Advocate Deng, the accused woman was treated in a manner that is considered more shameful than the alleged crime itself.

He said suspects must be treated with dignity during the legal process and added that such treatment violates the principle of “innocent until proven guilty” and the basic rights of individuals.

“We appeal to the authorities that when any accused person is arrested, he must be treated with dignity and that he is innocent until proven guilty,” he said in an interview with Eye Radio.

“Investigations and inquiries must preserve the dignity of the citizen and this should not be broadcast on social media.”

Human Rights activist said the call for dignified treatment of human beings does not justify the crime of kidnapping a child, which is a serious offence under the Penal Code of 2008.

He said the woman accused of child abduction must face legal consequences.

“This is not a justification for the woman to kidnap a child. This is something else. It is unacceptable and is considered a crime according to the Penal Code of 2008 in South Sudan,” he said.

“But sometimes the person suspected of a crime in the country is treated in a way that does not befit his dignity and even exceeds the enormity of the crime committed.”

“According to the video circulating on social media, although the woman is accused of committing the crime of kidnapping a child, the way the accused was treated is more shameful than the crime itself.”

There is no constitutional court in Leer and the area relies on customary courts comprising traditional judges. The human rights activist said it is unacceptable for the county to lack a resident judge and public prosecutor.

He added that the explanation given suggests that the same security measures provided to the governor and ministers are not deemed necessary for the judge and public prosecutor, despite the critical nature of their roles in upholding justice.

“We have been appealing throughout the previous period that it is unacceptable for a state to have no resident judge and public prosecutor.”

“When we inquired about the reason, the answer came that the situation is not safe and the same security enjoyed by the ruler and ministers should not be provided to the judge and public prosecutor.”

On October 7, police in Leer County, Unity State, detained the 18-year-old woman suspected of stealing a one-month-old baby. Leer Commissioner Stephen Taker said the suspect entered a house while the mother was asleep and took the baby.

Security forces were able to track and arrest the woman in Mirmir and the baby was safely returned to the family and taken to hospital for a checkup.

Section 269 of the South Sudan Penal Act 2008 defines kidnapping as taking or enticing a juvenile or a person of unsound mind away from their lawful guardian without the guardian’s consent, or transporting them outside Southern Sudan without legal authorization.

Anyone found guilty of kidnapping under this provision can be sentenced to imprisonment for up to seven years, a fine, or both.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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