The news editor of Bakhita Radio in South Sudan’s capital on Monday spent a third day in detention. He has not been charged with committing any crime.
Ocen David Nicholas is being held by the National Security Service, a security organ reporting to the president. Multiple sources in government and media confirmed that the journalist remained in custody on Monday.
No case has been registered with the national police, who are required under article 96 of the Code of Criminal Procedure to keep a register of arrests.
The 24-hour time limit for the government to either release the detainee or bring him before a magistrate, as proscribed under article 64 of the Code of Criminal Procedure, has passed.
Instead, the case is being handled as a political offense and has been passed to the Office of the President rather than to a magistrate.
Catholic radio workers say that the case has been referred to the president. They are optimistic for Ocen’s release tomorrow.
Anthony Sebit, a constitutional lawyer and civil rights activist, says that the actions of the government in this case are unconstitutional and constitute a breach of the journalist’s fundamental rights.
“The arrest of the journalists and the closure of the radio are a clear breach of the constitution. … the constitution provides press freedom and expression under article 24 (1), stating clearly that every citizen shall have the right to the freedom of expression,” he said.
He also stated out that the National Security Service has no remit to detain the journalist: “Security agents are not law enforcement agents. They are not the courts so how come they just come and make arrest when his guilt has not been established?”
Sebit was referring to the Article 159 (3) of the transitional constitution, which limits the mandate of the National Security service to “information gathering, analysis and advice to the relevant authorities” – not law enforcement.
An official at the information ministry, contacted for comment, said he was not aware of what was happening.
Paul Jacob, Acting Director at the Ministry of Information said, “I do not want to talk about this because I have not been informed.”
File photo
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