South Sudan’s Ministry of Justice has opened a new juvenile court in Lakes State capital Rumbek to handle cases of children accused of committing crimes.
The new court will be presided over by Justice Michael Atem, a Juvenile Judge appointed by the Chief Justice of the Republic of South Sudan.
Lakes Minister of Gender and Social Development Ezekiel Thiang Mangor said the new court will help the state fulfill its constitutional mandate to protect the rights of children.
Ezekial called for a reform school to be built to take in children currently in prison.
Children on remand at Rumbek Prison will be brought to the juvenile court to be tried separately from adult courts, said Lakes state minister of local government Samuel Wel.
Wel said traditional judges need to be properly trained in juvenile justice. “Many of the children who are brought to Rumbek Central Prison are summarily tried and convicted at community level by traditional judges,” he explained.
Peter Walsh, Country Director of Save the Children charity, which built the court house with funds from the Dutch government, said the juvenile court is a “breakthrough” in ensuring South Sudan treats its children fairly, sensitively, and in accordance with the law. Walsh said children should be treated like children by the criminal justice system and be respected for who they are.
According to South Sudan’s penal code, a child under twelve years of age cannot be held criminally liable for any offense and may not be put on trial. But a child between 12 and under 14 may be held tried in some circumstances and children 14 and over may be put on trial.
Nonetheless, the penal code forbids judges from passing sentences of imprisonment on persons who are under 16 years of age or a sentence of death penalty on anyone younger than 18.
The Child Act of 2008 provides for the creation of juvenile courts to hear criminal cases against children. Until the establishment of such courts, county courts are permitted to hear trials of children older than 14, or in some cases, 12 or 13.