Special court launched to try gender-based violence cases

The government of South Sudan and partners have inaugurated a special gender-based violence (GBV) court to expedite trials and also handle juvenile cases in the country.

The government of South Sudan and partners have inaugurated a special gender-based violence (GBV) court to expedite trials and also handle juvenile cases in the country. 

The operationalization of gender-based violence and the juvenile court is meant to hold perpetrators of gender-based crimes accountable. 

Speaking during the ceremony in Juba yesterday, the minister of Gender, Child and Social Welfare, Ayaa Benjamin Warille, said the court will improve criminal justice response, promote accountability and early intervention, and accelerate prosecution and court processes and offer timely access to services to victims and offenders.      

“We have teamed up to fight this vice and to make sure that South Sudan is a safe place for all of us. We as the ministry of gender, child and social welfare pledge our utmost support to the function of this court,” Minister Ayaa said. “We will use it to champion the course of protection and promote the right of women and girls, those who will be victims and survivors of gender-based violence. We plan that survivors will be entitled to a lawyer free of charge.”

“Survivors will not automatically be required to give evidence particularly when there is other evidence available. Survivors will be protected from the accused. Mechanisms should be available to prevent survivors from having to face the accused during trial. Counselling will be available to survivors during the trial to psychologically prepare and support them,” Ayaa added.

The Ministry of Gender and United Nations Population Fund (UNFPA) estimates that a total of 6,295 reported incidents of gender-based violence were recorded from January 1st to 30th September 2020. 

Since the beginning of this year, media has been reporting disturbing stories of women and girls being gang-raped by men with guns in Juba, Yambio, Torit, and Lakes State.

The Chief Justice, Chan Reec Madut, said GBV is against South Sudanese religion and customs and condemned child marriage that is prevalent in some parts of the county.  

“Gender-based violence is against our religious beliefs and it’s against our customs. This gender-based violence is a result of the ignorance of some men who think that they are more superior to women and this is rubbish. I think such men need medical attention because the way they think is not normal,” Chan Reech said. 

The South Sudan Penal Code states that whoever commits an offense of rape upon conviction shall be sentenced to imprisonment for a term not exceeding fourteen years and may also be liable to a fine.

Sexual and gender-based violence refers to any act that is perpetrated against a person’s will and is based on gender norms and unequal power relationships. It encompasses threats of violence and coercion. It can also be physical, emotional, psychological, or sexual, and can take the form of a denial of resources or access to services.

In August last year, Chief Justice Chan Reec Madut announced plans to establish special courts to handle crimes related to gender-based violence in the country.