In Liet-Nhom and other remote areas, residents have long been left to rely on customary courts and military detention. For over five years, there had been no judges or prosecutors handling cases through statutory law.
Marko Chan, Acting Head of Legal Administration in Warrap, explained the difficulties faced by communities. “Not having a judge is a problem. In Warrap State, Gogrial and Tonj East counties do not have judges or prosecutors. There is no accommodation, there are no offices, so there are many challenges when it comes to prosecution,” he said.
A recent review led by the UNMISS Rule of Law team in collaboration with the Kuajok High Court revealed widespread irregularities. The team found people detained without charges, wrongfully imprisoned, and unaware of their supposed offences.
Among them was Bak Mayar Gen, who shared his experience. “I really do not know my offence. I do not know my crime. I was taken from the court area and put in a container and suddenly ended up in prison,” he said.
The review resulted in the immediate release of at least 40 prisoners who had been held without due process. Many had been imprisoned for months or even years without proper legal proceedings.
Customary courts were also in the spotlight during this intervention. Chiefs highlighted the strain they face, operating without infrastructure, often holding hearings outdoors under trees. Chief Manuta Duyong said, “We have many challenges, especially the lack of office spaces. With the rainy season coming, we do not have proper facilities for our work.”
Despite common tensions between customary courts and formal legal institutions in South Sudan, the intervention in Liet-Nhom was met with cooperation. Local chiefs welcomed the presence of a judge and prosecutor, viewing it as a chance to improve justice delivery. UNMISS Rule of Law Officer Lena Ellen Becker was encouraged by the response. “I was positively surprised by how the Second Grade Magistrate was received in Liet-Nhom, especially by the customary courts. In some places, customary courts feel that statutory courts undermine their authority, but here, the reaction was very positive,” she said.
Following the review, the local prison’s population dropped dramatically, with only nine inmates remaining. One woman who was released spoke of her hopes after regaining her freedom. “When I go home, I will take care of my garden again. With the rains coming, crops will grow and I will return to farming and harvesting,” she said.
UNMISS officials say the two-week campaign has brought immediate improvements to Warrap State’s justice system and offered new hope to those who were wrongfully detained.
--ChannelAfrica--
