By Hon. Aguer Barac Kuot Rual,
29th August 2016 (Nyamilepeida) —– In a country where legal system and constitution are the bases of governance, state authority has the right to indict and apprehend those who have committed crimes against the state and mortality and brought them to justice.
Under the constitution of the South Sudan, crimes and criminals are clearly defines to include: –
“A crime is an action or omission, which constitutes an offence and is publishable by law, for example murder, crimes. It is also defined as harmful act or omission against the public, which the State wishes to prevent, upon conviction is publishable by fine, imprisonment, or death. No conduct constitutes a crime unless it is declared criminal in the laws of the country”.
As a crime is an action or omission, here the SPLM/A officials have carried an action or omission between 2013 and 2016 and during the war times by involving in committing international, humanitarian and crimes against the state, here means killing innocent people, and displace many internally and externally.
Under the crime definitions, the involvements in murdering innocent people and waging wars against the state by the IO officials is considered to be an action and omission which constitute an offence and it punishable by law.
So here the actions by Taban Deng, Dr Riek, Angelina Teny and Ezekiel Lol and the rest between 2013 and 2016, is also considered to be harmful act against the public in which the state have the power to prevent it upon conviction which will be punishable by either death or life prison.
Because the crimes have been committed widely, therefore, it is the responsibility of the transitional government of the national unity represent by Attorney General to indict and issued warrant of arrest against the rights of the identified criminals as mentioned above.
As the SPLM/A IO conducts, constitutes a crime, the South Sudan community who are dispirit and dislike about the death of their sons and those who have lost their properties during, before and after the war are protest and urges the Attorney-General in the Republic of South Sudan to take legal action against the rights of the identified criminals below.
Because Dr Riek Machar, Angelina Teny, Taban Deng Gai, Ezekiel Lol Gatkouth, and the military generals of the IO are declared criminals by the laws of the country, in which their action or omissions constitute murdering many innocents and , their action against society as a whole, so here the state can starts a criminal prosecution against their right. Therefore, in South Sudan, criminal offences are set out in the transitional constitution republic of South Sudan and their types are listed as follows:-
- Summary offences which are most minor cases, for example causing a disturbances and displacement of civilians from their homes.
- Indictable offences, which are more serious and include theft, break and enter and murder
- International crimes, war crimes and crimes against the humanity and the state crimes, which are more serious offences punishable for life or death.
Under South Sudan criminal code, the person charged with such offences is called the accused. Therefore, Dr Riek, Taban , Ezekiel and Angelina are the accused. Here they are proven beyond reasonable doubts presumed not to be innocent but are proven guilty in crimes code.
Within South Sudan criminal law, a person who has committed a crime is called criminal. The criminal definition has to include the actions that are considered to be dangerous are cogitated for example those like lawbreaker, offender, villain, delinquent, murder and felon.
In-depth, those who have been identified by criminal’s definition like Dr Riek and his groups have presumably been considered as someone related to the commission of a crime.
Their illegal activities which has involves money stolen and murdering innocents, forced to displaced more than 3 million persons to seek refuged internally and externally is related to the commission of crimes. Their criminal actions has brought country’s economy to harsh, a move that cause financial instability and therefore, many people famished.
What will happens in a criminal trial of those identified as criminals?
A criminal trial is a very serious matter. After all, the accused has a lot to lose: his or her liberty and the stigma of a criminal conviction. Because of that, both common law and the Charter protect the rights of the accused. For example, the prosecution must prove that the accused is guilty of the charge beyond a reasonable doubt. Also, if any evidence is obtained that violates the accused’s Charter rights, such as through an unreasonable search and seizure; the judge may refuse to admit the evidence. In a criminal trial, an accused person cannot be required by the prosecution to give evidence.
In the case of South Sudan, the legal situation will not be the same as defined in the above Para, this is because those criminals who has been identified under the law as criminals are therefore, be charged beyond reasonable doubt, because the accuses are guilty.
The involvements by the SPLM/A IO in committing international, humanitarian and crimes against the state, between 2013 and 2016, during the war times, in which some of these people are now in the government and some might have left to the bush once again indicates that they are proven beyond reasonable doubt, and therefore, the accuses are charges of serious offences.
In a criminal trial, and in this particular case, an accused person such as Dr Riek and others are not required by the prosecution to give evidence. Therefore, should the transitional government of the national unity represent by Attorney General to indict and issued warrant of arrest against the accuses’ right.
The South Sudan community who are dispirit and dislike about the death of their sons and those who have lost their properties during, before and after the war are urging the Attorney-General in the Republic of South Sudan to take legal action against the rights of the following criminals like Dr Riek Machar Teny, and Angelina Teny, but the list is not limited to Taban Deng Gai and Ezekiel Lol Gatkuoth, but also to include the top military and political leaders of the IO.
The warrant of arrest should include the key politicians and military officials key players of the SPLM/A IO, who may be request to be brought to the state national criminal court for trial.
The national criminal and civil courts, which will be established in the country, shall now take charge of criminals affairs all over the country and have the responsibility to apprehend state criminals.
Dr Riek Machar, Taban, Ezekiel and Angelina Teny and others who wages war against the people and the government of the republic of South Sudan should be charge of state crimes, crimes of selling State resources to abroad, crimes of murdering or killing more than 100,000 between 2013, and 2016 and displaced more 3 million persons to seek refuge in the neighbouring countries.
The State Attorney’s office shall also prosecute all SPLM/A IO who are now holding political posts in the government in addition to those who have run with Dr Riek Machar. It is worst mention that the criminal offenses committed by them “criminals” will carries death and for life.
The state should list all crimes such as, crimes against the state, humanity and violent crimes, which are aggressively prosecuted in most cases against the rights of those identified criminals.
The office of Attorney- General has to initiate different teams of prosecutors, victim advocates and legal support staff who will be handling different types of crimes. In this case the prosecutors roles are seeking justice for the victim and to preserve public safety.
In the case of Dr Riek and his supporters, the type of crimes committed or possible circumstances and the factors which lead to act restlessly and bigamously to used forces against his own people and the state and the type of offense, the criminal history of the defendants, corporations of witness and the quality of the evident which will be present during the trial would not affect the prosecution strategy.
It is noted that the victims would be allowed to present their testimonies in support of legal evident that might be presented during the trial, this is because to easy the process of legality. Whilst accuses may have legal rights to be represented during the court process.
As civil case is a private case where someone sues someone else because someone has plunders the public money without notices of someone else, this situation applies to all SPLM/A IO who have been involves in money plunders during their stays in Juba, therefore, a civil suit can also start immediately prior to and in conjunction with criminal trial.
As civil cases are complex, and are decided on balance of probabilities a suit goes through several stages so, the Attorney General will begin the court process of pleadings, discovery and trial itself. The Attorney General can now start by making all necessary means to apprehend the criminals for example issue documents or summon letters to deliver to or serve on the defendants, before the trial.
At the trial, if the facts justify the remedy then the plaintiff is seeking; the court will hold the defendants liable or legally responsible. To justify this claim, the list of 75 people who have been sent out and were served by the president to return the stolen money backs to the state can be used as evident.
In concluding this there will be no compromise on legality to pursue criminals.
Nation remains and people go
South Judiciary Oyee
Victims of crimes Oyee