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Open letter to the AU chairperson on leaked S. Sudan inquiry report

Letter to Dr. Nkosazana Dlamini-Zuma-Chairperson African Union

By Mou Ambrose Riny Thiik

Subject: Serious security issues and unethical reporting on Individuals by the African Union Commission of Inquiry on South Sudan (AUCISS)

“Good name in man and woman, dear my lord, is the immediate jewel of their souls. Who steals my purse steals trash. ‘Tis something, nothing: ‘Twas mine, ‘tis his, has been slave to thousands. But he that filches from me my good name robs me of that which not enriches him and makes me poor indeed.” Shakespeare

Dear Dr. Zuma,

Allow me on behalf of the aggrieved family of Justice Ambrose Riny Thiik to bring to your attention this serious concern. While we are certainly for reconciliation, healing and accountability and peace for all the citizens in South Sudan, some aspects of the leaked draft reporting have shown glaring breaches and violations of human dignity and human rights and hence render the exercise futile and the modality used in the reporting questionable.

The leaked draft Report of the African Union Commission of Inquiry on South Sudan in its section 43, has quoted a certain Major General of Military Intelligence by the name Mac Paul who believes that Justice Thiik chaired and organized the mobilization for the killing in Juba between December16 and 18, 2014, and that this mobilization started in November. This section ends with the quote:
“This recruitment, organized by a group known as ‘Rescue the President,’ was chaired by the former Chief Justice, Ambrose Riing Thiik. They received funding from the president’s office. “

This, Madam Chairperson, is pure character assassination of Shakespearean pedigree and a fake testimony of illicit nature by Mac Paul who knows exactly how the gates of hell were opened loose against the innocent people of South Sudan in general and the Nuer brothers and sisters in particular. Madam Chairperson, though we do not know the person of Mac Paul, however, we do recall his name being mentioned twice in connection with alleged two failed coup attempts in the nascent state of South Sudan. In contrast to Justice Ambrose Riny Thiik, Mac Paul has no clear track of contribution to the wellbeing of this nation.

Justice Ambrose Thiik is well above seventy years of age and graduated from the Faculty of law at Khartoum University and later obtained a Master’s degree from the London School of Oriental and African Studies. In the mid-seventies Justice Thiik served in the Judiciary in the Court of Appeal in the old Sudan and became a Member of Parliament in the late seventies and later a Minister of Culture and information during the Autonomous Government of Southern Sudan. Because of his political activism and commitment to human rights, Justice Thiik was imprisoned by Dictator Nimeiri in the infamous prison of Kober in the early days of the 1980s only to be released from imprisonment in September 1983 under owing to pressure and with the help of Amnesty International. Justice Thiik and his family had to leave the country then and take refuge in England in the following year.

With the outbreak of the civil war in the South and as the immeasurable misery of our people continued unabated in South Sudan, Justice Thiik established the South Sudan Relief and Rehabilitation Association (SSRRA) in the UK in 1985, so that emergency items were sent to the needy in the liberated areas. Upon insistent request from the leadership in the Movement to help establish and organize the Judiciary and to improve the rule of law, Justice Thiik took up the challenge after he was given assurances by the Chairman of the movement himself that armed commanders were not to interfere with the Judiciary service and the implementation of the rule of law.

Before, during and after the years of struggle, the population in South Sudan was and is still organized through elders whose sole function is to organize the people so as to initiate developmental projects such as in the fields of education, health and agriculture or/and to promote peaceful coexistence among the many tribes of South Sudan and it has never been the case that elders who carry these honorary functions were part of the fighting among tribes. An elder heading a community carries an honorary position and is not paid for it. The misinforming military intelligence officer, Mac Paul knows exactly that elders of negative reputation are never elected/ accepted to such an office by other communities. Justice Thiik has been an elder since the nineties, in the last century, and everyone knows what service he has been offering for the welfare of the communities. Justice Thiik is also the chairperson of the Greater Bahr el Ghazal Elders Council (Western Bahr el Ghazal, Northern Bahr el Ghazal, Warrap and Lakes) and for the whole Jieng Community in South Sudan. Elders from Greater Bahr el Ghazal meet with elders from communities in Greater Upper Nile and Greater Equatoria. Reason dictates here that, one must be a man of peace to have such a reputation and hence such an office and this is exactly what Justice Thiik is: a man of peace.

The role of the Elders has taken a vital position in particular in the wake of the recent political developments and tragic happenings in South Sudan. Elders from all communities have to seriously engage the parties at war to stop the insanity created by the military (SPLA) and the politburo (SPLM). It is in these two institutions that one should look for the culprits. Justice Thiik is neither a member of Politburo nor a member of the Sudan People’s Liberation Army. While Justice Thiik was being sworn in as President of Supreme Court of the Judiciary of Southern Sudan, Dr. Riek was reported to have said that Justice Thiik was the only authority in the SPLM who never underwent a military training and entertained no body guards, yet people listened to him! Justice Thiik abhorred excessive militarisation of our communities and the violation of the rule of law. Since 2007, Justice Thiik had no official office in the government and had chosen a life of a farmer in our humble village to help in attaining food security forthe greater benefit of our communities.

In many books, references to Justice Thiik have been made but never in a clandestine manner: The Government they Deserve by Mansur Khalid, Too Many Agreements Dishonoured, by Abel Alier, Inside An African Revolution, by Lam Akol etc…, As such Thiik’s name belongs to every South Sudanese household, as a responsible citizen and not as warmonger as the military intelligence officer Mac Paul portrays him in his bogus testimony.

The assumption, and which is a fallacy, that interviewing everyone especially potential culprits such as officer Mac Paul who abuses the given space to tarnish and give false accusation against innocent persons to divert the blame is a slap in the face of justice. We the family of Justice Thiik would like the Commission of Inquiry to verify such fake statements before they are made public and which have already caused so much indignation and are indeed exposing innocent people to threat of life.

As members of the family of Justice Thiik, we appeal to the following groups:
1- The Greater Bor section of Dinka to distance themselves from destructive allegations of such persons as Mac Paul who is trying, through such allegations, to drive a wedge between the two communities.
2- The elders in the whole of South Sudan who know the work of Justice Thiik to shed more light on what efforts they have done and have been doing so far to bridge the gap among various communities in promotion of peace.
3- The Commission and the African Union and the person of Mac Paul will leave us no option but to seek legal advice to battle this scandalous defamation should they not redress, test and verify these fake statements quoted in the draft report. We also urge the commission to investigate the role Office Mac Paul in these tragic events as it is obvious from the given statements he was an actor and not just a bystander.

As a family, and surely many other families and individuals (victim, culprit or innocent) mentioned in this report we question the motive; we are very worried as to what possible intentions such a draft report may hold, because it has certainly missed the point. Consequently neither reconciliation nor peace can be reached with such obvious contradictions and concocted statements just to cite this one example. Reading the draft further, we are continuously surprised by how the commission concentrated its bulk of the interviews on the potential culprits ignoring totally, other stakeholders, when the commission’s conclusion and findings has already identified the culprits to be found among the political elites in the government and in the army.

Madam Chair, the Commission of Inquiry has therefore to take full responsibility as to what will transpire out of this leaked draft report. Many questions beg for answers concerning mentioning names of innocent citizens with regards to victims and possible revenge and counter revenge. Who will protect them and what mechanism is in place? Why were such false statements not tested or verified instead of taking them at face value?! The imbalance of this draft report makes it look so unprofessional, that one will not further wonder why Africa is at the tail of humanity.
In the hope that the quest for peace in South Sudan is not given up, we pray to God that through your able leadership we shall overcome.

On Behalf the Family of Justice Ambrose Riny Thiik

Juba, 13 March 2015

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