Defense lawyers representing Yel Deng Nguel, a development advisor in South Sudan’s Northern Bahr al Ghazal state, have sued the Ministry of Defense for unconstitutionally arresting and detaining their client.

Yel's lawyers allege their client has been held for more than 24 hours without charge, which contravenes South Sudan's transitional constitution which requires detainees to be charged or brought before a court within a day of arrest.

Security agents arrested Yel in January, reportedly on the orders of SPLA-Juba Chief of General Staff Paul Malong Awan, after the advisor purportedly threatened to "slap" Malong. Yel has been held by military intelligence officers since.

The purported slapping threat is said to have been made at a meeting in which Malong announced controversial changes of the SPLM office in Aweil.

Malong is involved in a power struggle with Northern Bahr al Ghazal's current Caretaker Governor Kuel Aguer Kuel. Yel is allied with Kuel. Malong preceded Kuel as state governor, but remains the head of the state SPLM party despite being appointed Chief of General Staff last year.

In an exclusive interview with Radio Tamazuj from detention in Juba on Thursday, Yel defended his decision to sue the defense ministry, meanwhile denying any wrongdoing. He said he expected Malong or a deputy to respond to the case against the ministry soon.

"There is nothing wrong I have done in the army for me to be arrested in the military facility or the chief of staff to order my arrest," Yel said. "When [Malong] went to the state, he was not going as a military officer. He was going as a politician and as a politician. I don’t understand what brought in the army in politics. The army is supposed to be a non-partisan as it is clear in the constitution."

Yel is in Juba after being held in Wunyiik military detention cell in Northern Bahr al Ghazal. Previously, Yel refused to be moved from Wunyiik but changed his mind after speaking with Major General Santino Deng Wol, commander of the SPLA-Juba's Third Division.

“I felt that I was going to put Santino Deng Wol into a problem with Malong and because of this, he was fearing that he would lose his job, so I accepted to be moved," Yel explained.

"Deng talked to me three times and we held long discussions when I was in detention in Wunyiik. He told me clearly that he understands if he allows me to be transferred by force, the community would get angry and he would run into problem with them. And if he refuses to take orders from Malong, he would get into problem with him. He was really, really in a difficult situation I never wanted to him to be."

Yel said until now he has had limited communication with his relatives from detention.

“All my telephones were removed and taken away from me. They have made communication difficult for me for no clear reason," he said.

Related:

'I'd rather die than go to Juba': official arrested in Aweil (11 Jan.)

N Bahr al Ghazal governor rejects demand to sack advisor (9 Jan.)

File photo: Northern Bahr al Ghazal state SPLM chairman Paul Malong