S. Sudan security arrests two legislators in Warrap amid rising tension
May 9, 2015 (JUBA) – Security operatives in the South Sudan’s state of Warrap have arrested a number of legislators despite their constitutional immunity which, sparked condemnations and tension in the state.
Several legislators and state government officials told Sudan Tribune on Saturday that the arrest of the two state parliamentarians violated the 2011 transitional constitution of the republic of South Sudan. The constitution, they said, stipulates that no criminal proceedings or charges shall be initiated or undertaken against any legislator without permission from the speaker of parliament in the event of “serious crime.”
Governor Malek, according to the letter she had given to the security services in the state as the basis for ordering the arrest of the lawmakers, accused the two legislators of allegedly being behind the recent students protest in Kuacjok secondary school over changes in the system of education. She further accused the lawmakers of allegedly planning a demonstration by the residents of Malek Gumbel in Kuacjok, purportedly over rising living conditions.
The state government had instructed the students to follow the newly introduced South Sudan curriculum, which allows them to study up to fourth year in secondary but the students preferred to follow and sit Sudanese system of education which would allow them to study up to third year and sit for Sudan school certificate of secondary education.
However, authorities said they wanted to change, saying Sudanese system of education was allowed to continue as a temporary arrangement until the young nation was able to establish its own system.
The divergence of opinions between the students and the government caused demonstrations twice, forcing the state government to suspend studies and closed down Kuacjok town secondary school.
The demonstration is what the state government claimed was masterminded by the two legislators, who come from the area and ordered their arrest without waiving their parliamentary immunities.
Their arrest is the second incident in which the state governor is accused of ordering arbitrary detention of members of parliament perceived to be critical of the performance of her administration.
The first incident of an arbitrary decision involving security acting on the directives of the local authorities was in 2011 when government ordered the arrest of Dominic Deng Mayom, a member of parliament from Tonj North county, allegedly for sabotaging political activities of the governor and her administration. Mayom claimed he was tortured while in detention, prompting the house at the time to summon governor for explanation of the arrest.
Several members of parliament and relatives of the detained legislators in an exclusive interview with Sudan Tribune on Friday condemned the decision of the state governor, arguing legislators are public figures and that no arrest should be made against them without following appropriate constitutional procedures and processes due to the parliamentary immunity.
James Machok Arol, a legislator from Tonj county on Friday confirmed the arrests of the two, who are his colleagues, saying the house was not notified of what two members of parliament had done wrong.
“I received a call yesterday from the wife of honourable Ariech Mayar Ariech informing that her husband together with Honourable Amet Kuol has been arrested by the security. This morning I went to the security and found the wives there. They went to see whether they could be allowed to talk to them but I am told they were denied the opportunity. I was also not allowed. This is what happened. The house was not informed. Their immunity was not waived,” said Arol.
Mayar Yai Mayar, a close family member of Ariech Mayar Ariech, who is one of the victims, said it was unfortunate the national security had accepted to arrest the two legislators without following due process and denying family access since the arrests were made without notice to the parliament.
“As I am family member, I think the action of the security is unconstitutional. They are not the police. I know the constitution and their role is limited to gathering information, analyse and give it to the relevant authorities. The arrest is not their mandate. It is the work of the police,” he said.
Also to arrest a member of parliament, he added. required the due process to be followed, saying parliament needed to be informed so that its leadership should have been the one to assess the charges and if it is found to be in conflict with the law, especially when it was something connected to criminal matters, or those related to gross violation of the constitution.
“Then it is the parliament to lift the immunity of members of parliament on the recommendation of the competent court of law. This is what I know. But this one, I don’t know the basis of this action, which is unacceptable,” he said.
Observers however said such actions deemed unconstitutional have been practised in Bahr el Ghazal and Upper Nile regions.
(ST)