JUBA – It has been one year since South Sudan’s National Security Service (NSS) – which has been accused by international human rights organizations of rights abuses several times – arrested former Northern Bahr el Ghazal state Governor Kuel Aguer Kuel, and religious personality Abraham Chol Maketh.
But the National Security Service and the government have not produced charges against the two and have not considered transferring their cases to a court, angering their families and some South Sudanese who see their detention as suppression of the dissent and violation of the constitution.
Kuel was arrested by the National Security Service on the 2nd of July 2021, just days after co-founding a civil rights movement alongside Activists Abraham Awolich and Rajab Muhandes to demand political change after 10 turbulent and often bloody years of independence.
Abraham Chol was arrested on 8th July 2021, a week after Kuel’s arrest, for stating a week earlier that he had a premonition that President Salva Kiir Mayardit and his first deputy Dr. Riek Machar – which he blamed for suffering of the people – would be removed from power by 10th independence anniversary.
Abraham’s arrest comes after a prosecutor in Juba issued an arrest warrant to “any police personnel on duty to arrest” the leader of the Cush International Church whom the prosecutor said, “stands charged with the offense under section 201/202/66/74/7 of the South Sudan Penal Code.”
When contacted by Sudans Post, a family member to Chol said they have spoken to most senior government official for Chol to be either released or be transferred to court, but would only be informed that his case is being handled by the National Security Service and nothing could be done to help him.
“We have spoken to the authorities, from the highest level and they have referred us to the National Security [Service] which we have spoken to several times and has refused to consider his (Abraham Chol) case and they cannot transfer him to court which is illegal,” the family member said on condition of anonymity.
Keluel Agook, an activist and a member of the Red Card Movement living in exile in East Africa said the continue arrest without trial violates the transitional constitution of South Sudan which provides for an expeditious trial.
“South Sudan constitution states in its article 19 clearly that any accused person is apprehended and produced in the court of law within a duration not exceeding 24 hours after, which charges be availed and also allow the accused to defend himself/herself,” he said.
“Now, keeping Kuel and Rev. Abraham in prison without trial is already a crime from the government in Juba. The government must respect the constitution because no one is above the supreme law of the land,” he added.
Agook further added that “Freedom of speech and assembly are stipulated in the South Sudan national constitution and therefore it’s a right for every citizen to exercise it.”
‘OUTSPOKEN CITIZENS’
In a statement marking the 11th independence anniversary, the People’s Coalition for Civil Action (PCCA) said it dedicates the national day to outspoken citizens like Kuel and Chol, saying that they have acted as free citizens.
“We also want to dedicate this day to Kuel Aguer Kuel and other freedom fighters, who remain arbitrarily detained by orders of President Kiir because they have acted as free citizens,” the PCCA statement reads in part.
“Brave men and women like Kuel Aguer Kuel and Abraham Chol Maketh, who dare to speak against his arbitrary rule are arrested and detained without due process of law both to suppress dissent and to hide the truth. We are dedicating this day to them and all the freedom fighters,” the statement added.