Top gov’t official expresses strong opposition to formation of Hybrid Court over 2015 AU report

JUBA, MARCH 3, 2023 (SUDANS POST) – A senior South Sudan government official on Thursday expressed strong opposition to formation of the Hybrid Court over an African Union report which dismissed a government narrative of a coup attempt in December 2013.

South Sudan descended into a deadly civil war in December 2013 after President Salva Kiir accused his currently first deputy Riek Machar and other senior members of the ruling Sudan People’s Liberation Movement of attempting to take over power by force.

Following the outbreak of war, the AU formed an investigative commission known as the African Union Commission of Inquiry on South Sudan (AUCISS) to find out facts on how the country plunged into a deadly civil war.

In October 2015, the AUCISS released its final report, stating that it found no evidence of a coup attempt as claimed by President Salva Kiir and instead concluded that a gunfight within the Presidential Guards was the immediate trigger for further violence.

Based on chapter 5 five of the revitalized peace agreement, a Hybrid Court shall be established under the auspices of African Union to try criminals involved in human rights violations during the South Sudanese civil war.

The deal says that the basic document to be used by the court for the trial is the report of the African Union Commission of Inquiry on South Sudan, something the government has continued to oppose for “lack of substantial evidence.”

Speaking during a monthly RJMEC meeting in Juba on Thursday, cabinet minister Martin Elia Lomuro said the establishment of the hybrid court is in limbo because the court plans to use the AUCISS report instead of a government report in which it accused some current senior officials of coup attempt.

“The process awaits guidance from the African Union as provided for in article 5.3.1.1 of the agreement. And I want to say this is not an easy process because, in the agreement, the main document to be used for the Hybrid Court is the report of the former president of Nigeria (Obasanjo),” he said.

“The Government of South Sudan has challenged that report and so the owner of the report might have to go to court to justify the claims. Every country that has gone through our same challenges like Gambia, South Africa, Rwanda, and many others will be invited before mid-March,” Lomuro said.