27/06/2025
OPEN LETTER TO DR. BENJAMIN BAAK DENG, THE CHIEF JUSTICE OF SOUTH SUDAN
By Peter Wek Ayom, Juba, South Sudan
Friday, 27 June 2025 (PW) — Dear Respected Chief Justice, first and foremost, allow me to extend my warmest congratulations on your appointment as Chief Justice of the Republic of South Sudan. Your appointment has been welcomed not only across South Sudan but also by many observers around the world who admire your long and distinguished career in the judiciary since 1979.
Your wealth of experience brings renewed hope to our people, and I am personally inspired by what I’ve heard from the late Legal Counsel Agoth Wek Agoth, also known as Agoth Makerdit, who spoke highly of your integrity, your listening ear, and your spirit of cooperation.
Though I am not a legal professional, I am guided by a deep sense of justice and humanity. I stand in support of any leader who upholds human dignity and the rule of law. As my late uncle once told me, we must always speak up for humanity. It is in this spirit that I write to you today, not with weapons, but with words and conviction.
I believe it is by divine guidance that I am compelled to write this open letter. I never had such motivation during the tenure of your predecessor, but your leadership gives me hope that these concerns will be heard.
The primary purpose of this letter is to draw your urgent attention to the dire situation facing many young people in Juba Central Prison. These individuals, most of whom are charged with minor offenses, have been held for prolonged periods—some for over ten years—without proper trial or judicial review. Their prolonged detention affects not only them but also their families and the nation at large.
Prison is intended for those who have been lawfully convicted of crimes, not for suspects languishing without trial. According to my findings, over 2,000 youth are detained in Juba Prison awaiting trial, some for minor cases such as petty theft, public intoxication, or allegations of adultery and pregnancy.
In many of these cases, I’ve learned that prosecutors collaborate with police officers to detain suspects without proper investigation. In particular, r**e cases are sometimes manipulated for personal gain, with age assessments and identification documents intentionally withheld to exaggerate the charges. This has become a dangerous practice, where suspects are imprisoned immediately without due process, while the complainants vanish—sometimes leaving the country, sometimes remaining hidden within South Sudan.
This raises serious concerns: Is it constitutional for suspects to be detained indefinitely without being brought before a judge? Do prosecutors have the unilateral authority to incarcerate someone without proper legal procedure?
Juba Prison is dangerously overcrowded. The number of inmates far exceeds the facility's capacity, and many detainees lack access to adequate water, food, and medical care. The government’s budget for prison services is likely calculated based on official convictions—not on this overwhelming population of pre-trial detainees.
I understand that minor offenses should ideally be resolved promptly through legal channels. In a just system, the suspect should be given a hearing within 24 hours, and depending on the circumstances, the prosecution may either pursue the case or allow a release pending further investigation. Unfortunately, the reality in Juba is far from this legal standard.
My respectful plea to you, Hon. Chief Justice, is to intervene and reform this broken system. I also urge the Brigadier General in charge of Juba Prison and the heads of Juba police stations to coordinate efforts to track unprocessed cases and notify prosecutors to follow up—or release those held without sufficient legal basis. Radio announcements and public notices could help reconnect missing case files with their prosecutors.
Many of the current detainees have not even been formally charged with any crime, yet they continue to suffer. This must change through the following recommendations: Immediate review of all prolonged pre-trial detentions in Juba Prison, especially for minor cases; release of any detainees held without proper legal justification or judicial authorization; reform of prosecutorial practices to ensure fair handling of allegations, particularly in sensitive cases such as sexual offenses; an amendment to the Criminal Procedure Code requiring all suspects to be brought before a judge within 24 hours of arrest and early release for prisoners convicted of non-violent, minor offenses such as adultery or pregnancy, especially when due process was not followed.
The Constitution must serve the people—it should not be used as a tool for injustice. If any part of it permits indefinite detention for minor offenses without a fair trial, then it should be reviewed and amended. Our youth are being silenced and criminalized without due cause, often as a result of tribalism, nepotism, and false accusations.
Let justice be restored. Let humanity prevail.
Long live South Sudan.
Long live the people of South Sudan.
Sincerely,
Peter Wek Ayom
Resident of Juba, South Sudan
Phone: +211 922 070 508
Email: [email protected]
