04/07/2024
Marko Agok Mayen
Kampala, Uganda
[email protected]
Thursday 4th July 2024
His Excellency Salva Kiir Mayardit
President of South Sudan
Office of the President, Republic of South Sudan
Juba, South Sudan
Your Excellency,
I hope this letter finds you in good health and high spirits. I am writing to you as a concerned citizen to address a critical issue that has significant implications for our nation’s governance, stability, and international standing: the practice of arresting individuals without warrants by national security forces.
The foundation of any just and democratic society rests on the principles of the rule of law, human rights, and due process. These principles are enshrined in both our national constitution and various international agreements to which we are a party. The practice of arresting individuals without warrants starkly contravenes these principles, and I would like to outline several reasons why this practice must be unequivocally prohibited.
Upholding Human Rights
The right to liberty and security of person is a fundamental human right recognized globally. Arbitrary arrests without warrants violate this right, leading to potential abuses such as torture, inhumane treatment, and prolonged detention without trial. Such practices not only harm the individuals involved but also undermine the very fabric of our society by fostering an environment of fear and oppression.
Ensuring Rule of Law
The rule of law is a cornerstone of a functional and fair society. Arrests without warrants erode the rule of law by allowing for the arbitrary application of power. This inconsistency breeds distrust in the legal system and government institutions, as citizens cannot rely on laws being applied fairly and uniformly. Judicial oversight in the form of warrants ensures that arrests are made based on evidence and within legal boundaries, reinforcing public trust and legal integrity.
Judicial Oversight and Accountability
Warrants serve as a critical check on the powers of law enforcement and security agencies. They require judicial approval, ensuring that there is sufficient evidence to justify an arrest. This process not only protects individuals from unjust detention but also holds security forces accountable for their actions. Without warrants, there is little to prevent abuses of power, leading to potential miscarriages of justice.
Protection from Abuse
The history of nations around the world shows that unchecked power often leads to abuse. Arbitrary arrests open the door to various forms of abuse, including torture, forced confessions, and extrajudicial killings. The requirement of a warrant acts as a safeguard, protecting citizens from such egregious violations of their rights.
Upholding the Presumption of Innocence
A fundamental principle of justice is the presumption of innocence until proven guilty. Arbitrary arrests undermine this principle, as individuals are detained without clear evidence or legal justification. Warrants ensure that there is a legitimate basis for detaining someone, maintaining the integrity of the justice system and the presumption of innocence.
Social Stability and Trust
The arbitrary exercise of power by security forces can lead to widespread fear and mistrust among the population. This fear can erode social cohesion and lead to unrest, as citizens feel that their basic rights are not protected. Ensuring that arrests are made with proper warrants helps maintain public confidence in the government and its institutions, contributing to social stability.
International Reputation
Our nation’s adherence to the rule of law and human rights has significant implications for our international standing. Practices that violate these principles can lead to condemnation from the global community, potentially resulting in sanctions or loss of aid. Upholding the requirement for warrants in arrests demonstrates our commitment to international norms and enhances our reputation on the global stage.
Effectiveness of Security Measures
Contrary to the belief that arbitrary arrests enhance security, they can often be counterproductive. Such practices can fuel grievances and drive individuals toward opposition or extremist groups. A transparent and just legal process, including the use of warrants, can help build community trust and cooperation with security forces, thereby enhancing the effectiveness of security measures.
Legal Compliance and Governance
Our nation’s constitution and legal framework provide for the protection of individual rights and due process. Arbitrary arrests without warrants are a direct violation of these laws, undermining the legitimacy of our government. Strict adherence to legal procedures, including the issuance of warrants, is essential for good governance and the protection of civil liberties.
Moral and Ethical Standards
Finally, the moral and ethical standards by which we govern should reflect our commitment to justice, fairness, and human dignity. Arbitrary arrests without warrants represent a departure from these values. Ensuring that all arrests are conducted legally and with proper oversight is not only a legal necessity but a moral imperative.
In conclusion, the practice of arresting individuals without warrants is detrimental to the rule of law, human rights, and social stability. It undermines public trust, invites abuse, and can lead to significant social and political repercussions. I urge you, Your Excellency, to take a firm stance against this practice and ensure that all arrests are conducted with proper judicial oversight and in accordance with our national laws and international obligations.
Thank you for your attention to this critical issue. I am confident that under your leadership, we can continue to uphold the principles of justice, fairness, and human rights that are the foundation of our great nation.
Yours sincerely,
Marko Agok Mayen
International relations student.
Kampala, Uganda
