Aweil-based lawyer Isaac Deng Athian was detained on Thursday following an order from Aweil West County Court Judge Garang Mangok after a dispute over where his personal court case should be heard.
In an interview with Radio Tamazuj from jail, Athian confirmed that his detention stemmed from his refusal to have his case referred to traditional authorities. The lawyer was involved in a personal legal matter with a relative, though the details of the case remain undisclosed. The Aweil West County Court Judge had attempted to transfer the case to local chiefs for adjudication, but Athian insisted that it be heard in the Aweil High Court.
The situation escalated when Athian, after the judge agreed to transfer his case to the Aweil High Court, entered the Nyamlel Court to represent a client in a separate matter. The judge, maintaining his earlier position, reportedly confronted Athian and ordered his arrest.
“I am being detained at Nyamlel Court on the orders of Judge Garang Mangok,” Athian told Radio Tamazuj. “The judge abused me and insisted that my case be heard by the local chiefs, which I refused. After the matter was transferred to the Aweil High Court, I came to represent my client at the Nyamlel Court. The judge again mistreated me and ordered my arrest when I entered the courtroom.”
Athian added that the disagreement between him and the judge escalated after he attempted to leave the courtroom. “When I decided to walk out due to his mistreatment, the judge immediately ordered the police to detain me,” he said.
Garang Akok, a member of the Northern Bahr el Ghazal State Bar Association, confirmed the details of the detention. He stated that the judge had invoked Article 70 of the South Sudan Code of Civil Procedures Act 2007, which grants presiding judges the authority to control court sessions, including ordering the detention of individuals who disrupt proceedings.
“I was present in the court during this incident, and the judge was exercising his authority under Article 70 of the South Sudan Code of Civil Procedures,” Akok said. “The article allows the judge to order the arrest of anyone, including lawyers, who disrupts the court session.”
However, Akok also pointed out that the judge’s actions are contingent on the affected individual offering an apology. “The judge has the right to detain anyone, but the article also requires the person detained to apologize. If an apology is offered, the individual should be released immediately,” Akok explained. He added that he had advised Athian to apologize to the judge, but Athian refused.
Aweil West County Police Inspector Lt. Col. Philip Agany Thiep told Radio Tamazuj that he was unaware of the lawyer’s detention. “The lawyer’s case has not yet reached my office,” Agany said.