South Sudanese President Salva Kiir ordered the arrest of 11 political rivals from his own party as well as several other civil servants and less-known politicians in the weeks after the alleged coup attempt in mid December. The question of their status has become a key political and legal question in the country since then.
‘The Eleven’: The following senior SPLM politicians were arrested in mid December in the aftermath of the conflict that broke out in Juba: Deng Alor Kuol, Gier Chuang Along, Kosti Manibe, Cirino Hiteng, Madut Biar Yel, Peter Adwok Nyaba (later released for health reasons), John Luk Jok, Pag’an Amum Okeich, Majak D’Agoot, Oyai Deng Ajak and Ezekiel Lol Gatkuoth
Pre-condition for ceasefire: Ousted vice president Riek Machar Teny last December made the release of 11 detained politicians a pre-condition for the signing of a ceasefire. However, later the detainees themselves told mediators that their status should not be made a pre-condition for a ceasefire, and Machar’s negotiators dropped the pre-condition on the understanding that mediators would work to secure their release.
African leaders request release: The African Union Peace and Security Council, meeting in Banjul, the Gambia, on 30 December 2013 decided to ask South Sudan’s president to release the detainees. In a communiqué issued after the meeting, the Council stated, “In order to create a conducive environment for a successful dialogue, Council requests the Government of the Republic of South Sudan to release all political leaders currently detained.”
IGAD commitment: On 23 January 2014 in Addis Ababa, Ethiopia, representatives of the South Sudanese government and the Sudan People’s Liberation Movement/Army in Opposition signed the ‘Agreement on the Status of Detainees.’ The document was penned at the same time as the ceasefire document. The agreement acknowledges a commitment by the mediators to work toward the release of the detainees but does not actually require the Juba government to release anyone. The document states vaguely, “IGAD and the Partners of IGAD are firmly committed to undertake every effort to expedite the release of the detainees.”
‘All-inclusive National Reconciliation’: As explained by the IGAD mediation, part of the rationale of the demand for the release of the detainees is that they need to participate in upcoming political talks and reconciliation process. A second provision of the Agreement on the Status of Detainees states, “The Parties agree to establish an all-inclusive National Reconciliation Process in which the detainees and other political actors, civil society organizations, traditional and religious leaders have a significant role to play.”
Government interpretation: The chief negotiator of the South Sudanese government Nhial Deng Nhial explained on 28 January: “An impression has been created that the Government of the Republic of South Sudan has agreed to release the detainees. Nothing could be further from the truth, because if you read the agreement very carefully, you realize that there is a commitment by the special envoys, the mediators, to work towards the release of the detainees. And what is contained in the agreement is simply a recognition by the parties of the efforts of the special envoys to release the detainees. The government has a sovereign right to prosecute any of the people who are suspected to have violated the laws of the state. So when you speak about the release of the detainees, you must understand that that release is subject to the legal process, which is currently ongoing. If at all and when the detainees are released, it will be after the legal process has been exhausted,” said Nhial.
Sudanese interpretation: Mohamed Ahmed al Dabi, representative of the Sudanese government on the IGAD mediation committee, says that the agreement does not set a date for the release of the detainees but rather leaves this as a matter for follow-up by the mediators. “It doesn’t say whether they should be released today, or tomorrow, or after a month or whenever. But that is an obligation from the side of the mediation,” he said 24 January in an interview with Radio Tamazuj.
‘Not enough evidence to prosecute’: Seven of the eleven accused politicians, including one already released (Peter Adwok Nyaba), are to be cleared owing to lack of evidence for prosecution, Minister of Justice Paulino Wanawilla Onango said at a press conference on the evening of 28 January. “We don’t have enough evidence to prosecute them, we are going to make a conditioned release for them on bail. But it transpired that there is a concern for their safety,” he said, explaining that they will have to leave the country for Kenya. This group comprises: Deng Alor Kuol, Gier Chuang Along, Kosti Manibe, Cirino Hiteng, Madut Biar Yel, Peter Adwok Nyaba, and John Luk Jok.
From 11 to 4: The justice minister also stated on 28 January that four of the key prisoners will not be released along with the others. Those who will remain detained are Pag’an Amum Okeich, Majak D’Agoot, Oyai Deng Ajak and Ezekiel Lol Gatkuoth. These four are all from Upper Nile and Jonglei states. Okiech, a Shilluk, served as secretary-general of the ruling party SPLM; D’Agoot, a Dinka, was deputy minister of defense; Oyai, also Shilluk, is ex-army chief of staff and ex-national security minister; and Gatkuoth, a Nuer, served for several years as head of the government liaison office in the United States.
Formal charges: South Sudan’s constitution states, “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” (Article 19.2). However, formally the government has made no charges, although the Justice Minister stated its intention to do so. His remarks suggest that government may bring charges of treason or corruption against the four politicians who will remain detained.
Justice minister’s report: Findings by the investigative committee chaired by Minister of Justice Paulino Wanawilla Onango are submitted to the President of the Republic, Salva Kiir Mayardit, who adjudicates for their release or continued detention. This appears to be an ad hoc arrangement, since the Constitution itself does not grant judicial powers to the president, except to grant pardons or execute death sentences already ordered by a court (Article 101 “Functions of the President”).
File photo: Pag’an Amum Okiech, one of the detained politicians accused of plotting a coup against President Salva Kiir Mayardit.
Related coverage: 4 of 11 detained SPLM leaders to face charges, not released (28 Jan.)