Morris Mabior Awikjok Bak was arrested in Kenya in February 2023 and brought to South Sudan. (Photo: Courtesy).

The Human Rights Watch has welcomed the release of government critic Morris Mabior Awikjok on bail after spending two years in detention in Juba, and reiterated concerns about the National Security Service Act mandating the agency to arrest without warrant.

Mabior was first arrested in Kenya on 4th February 2023 and forcibly returned to South Sudan where he was detained at the Blue House and charged with defaming the former Director General of the NSS, Akol Koor Kuc.

According to rights group Amnesty International, despite being granted bail, he had remained in detention for investigation into alleged crimes against the state.

On 10 June 2024, Minister of Justice Ruben Madol Arol directed that Morris Mabior be released and quashed the charge of ‘insulting the president and undermining the authority of the head of state.’

Mabior was freed on November 8, with another activist named Michael Wetnhalic by the newly appointed Director General of NSS, according to Edmund Yakani, a prominent civil society activist.

Reacting to the development, Human Rights Watch Africa Researcher Nyagoah Tut Pur hailed the release of the activists but criticized their long detention without trial.

“The release is a good step but these detainees were held for a long time without due process or the right to a fair trial and many of their other rights were violated,” she said.

“They lost much and their families were affected and hurt by this. But what will stop the NSS from doing this again when there is a law giving them powers to arrest and detain without a warrant.”

Ms. Tut called on President Kiir to send an amended NSS Act that mandates the agency to arrest without a warrant back to parliament for genuine reforms. She also urged the new NSS DG to launch a probe into past conduct to build public trust in the agency.

“Also for the public to believe that the NSS intends to reform genuinely, Hon. Director Tong should launch an investigation into past abuses by the NSS including unlawful arrests, detentions and torture of detainees, make public the findings of his investigation and hold perpetrators to account.”

Mr. Edmund Yakani, the Executive Director of CEPO commended the activists’ release by the new NSS Director General as encouraging in the quest for open political and civic space.

He called on the transitional government to guarantee political freedom, end all forms of suppression and nurture dialogue as an instrument for resolving political difference or grievance in non-violent manner.