Coming up for hearing: on 29th September 2021.
Reference filed: 12th October 2018.
Articles: 6 (c) and (d), 7(2) and 27 of the Treaty for the Establishment of the East African Community (EAC).
Rules: 1(2) & 24 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Arbitrary arrest and detention.
The Applicant, Garang Michael Mahok is a citizen of the Republic of South Sudan, a personal friend and work colleague of Mr Kerbino Wol Agok (detainee).
The Respondent is the Attorney General of the Republic of South Sudan sued on behalf of the respective Government.
The Applicant alleges inter alia that, Mr Kerbino Wol Agok was arrested by agents of the Respondent on Friday 27th April 2018 and has continued to be arbitrary detained, tortured, not given medical attention, not charged or formally informed of the reasons for his arrest and during the entire period of his incrassation, he has not been allowed formal access to his family, friends, associates, legal counsel or doctors until February 2019 when limited access was allowed.
He further states that, agents of the Respondent refused to release Mr Kerbino Wol Agok and other detainees despite provision of a Revitalized Agreement for Resolution of Conflict in South Sudan signed on 12th September 2018 and a Republican Order (Presidential Decree) No. 17 of 27th September 2018.
Applicant submits that, the above Respondent’s acts constitute a blatant violation of the Constitution and laws of the Respondent State and a violation of the Treaty.
The Respondent opposes the Reference for being time barred and argues among other things that, since Mr. Kerbino Wol Agok is an active officer in the rank of the National Security Services (NSS) with the title of a captain, the NSS has a right to discipline him for contriving the laws. His is charged for purchasing sophisticated equipment’s without prior knowledge of NSS using his private security company and involved in huge business activities in contravention of the National Security Act, 2014. His case was different from other detainees therefore, was not covered by the Revitalized Agreement or the Presidential Decree.
That, the Respondent remains committed to the Treaty and exercised its right to bring justice to whoever undermines the laws of the Respondent State. Pray for dismissal of the Reference with costs.
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