South Sudanese judge declines application over detained security officer
November 22, 2015 (JUBA) – A South Sudanese judge has declined attending to a legal petition seeking court’s intervention over the detention of a security officer attached to the office of the president .
The decision has, however, earned her criticism from legal experts for failing to act since there was no established case filed against the accused to continue being held illegally.
“This was already a court case and that was why we took it to the court because the duration of detention is very clear in the constitution. Any suspect should not be held in the custody for more than 24 hours without being informed and brought before a suitable court for trial. My client has no case brought against him but he continued to be held illegally,” Kiir Chol, a lawyer representing John Agou told Sudan Tribune Saturday.
Agou was this year arrested on allegations that he forged several documents bearing the president’s signature to secure financial approvals from the country’s central bank.
He was at the time of his arrest attached to the office of the president.
Internal security reports arising from preliminary investigations into the conducts led to the dismissal of several officials in the office of the president, including chief administrator in the office of the president, executive director and an account, all of whom are believed to have been fully aware of the activities and a request for payment of more than one million United States Dollars (USD) in the name of a security project.
Agou’s lawyer, however, rejected the judge’s decision referring his application to the prosecution general of government at the ministry of justice, insisting that it was within the competence of the judge to make a decision since there was no case brought against his client by anyone.
Kiir vowed to appeal the case in an attempt to secure his client’s immediate release.
“As far no case is filled against him, we will continue to pursue legal procedures and we will file another appeal”, stressed Agou’s lawyer.
A presidential source confirmed that no case was filed before any court against Agou. He said the case was a “complex and complicated issue”.
“A lot of people have been implicated in this issue and many people have come forward to suggest to the president and the government that this issue should be handled outside court. So I think this could be the reasons which delays government from framing and filing the charges before the court”, said the source who preferred anonymity.
In 2006, President Salva Kiir, as part of his “zero-tolerance” policy to corruption, formed the anti-corruption commission to prosecute those found to be involved in fraud of public funds, but critics have since blamed him for inability to stay put and enforce decision supportive of his anti-graft policy.
The president in 2013, however, suspended two powerful ministers and subsequently referred them to be investigated by the anti-graft commission.
The South Sudanese leader also suspended two senior officials in his office, Mayen Wol and Yel Luol. Wol who served as chief administrator and Luol, an executive secretary in his president’s office were also referred to the country’s anti-corruption body over the disappearance of public funds.
Although the ministers were dismissed, the president secretly reinstated the two staff in this office, but later dismissed them over similar charges.
Security services claimed that Agou, after being subjected to rigorous investigative methods, including torture a way to eliciting information from him, confessed he acted on directives of some people at the presidency. He named Luol and several others who have since been arrested for fraud.
Meanwhile, community members are reportedly working very hard to persuade the president to secure the release of Agou and those detained.
(ST)