12/09/2025
Where Is the Law, and Where Is Justice?
At a time when the public is anxiously awaiting the outcome of the case of Dr. Riek Machar and a number of opposition leaders, the Ministry of Justice and Constitutional Affairs issued a statement clarifying what was presented during the press conference of the Minister of Justice, Dr. Joseph Geng, regarding the Nasir incidents. The ministry stressed that what the minister presented was not an official court document, but merely a summary from the investigation committee, and that the full record of the case is before the judiciary.
Yet, despite these clarifications, the question remains: how can Dr. Riek Machar be placed under house arrest, and opposition leaders be detained for more than six months without formal charges or judicial orders from the prosecution or the courts? Is this not a blatant violation of human rights and the Constitution?
1. Constitutional Rights of Detainees
The Transitional Constitution of South Sudan, 2011 (as amended), clearly sets out the rights of detainees:
Article 19 (1): “Every person has the right to personal liberty and security. No person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for reasons and in accordance with procedures prescribed by law.”
Article 19 (2): “Any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed of any charges against him or her in a language he or she understands.”
Article 19 (3): “Any person who is arrested or detained shall be brought before a competent court within twenty-four hours of his or her arrest. No such person shall be held in custody beyond such period without the authority of the court.”
Article 19 (4): “Any person who is deprived of his or her liberty by arrest or detention shall be entitled to petition a competent court for a review of the legality of his or her detention, and the court shall make a decision .
