East Africa Law Society calls for investigations into attacks against South Sudanese lawyers

The East Africa Law Society has called on South Sudanese authorities to independently investigate reported attacks, threats and intimidation against lawyers, warning that such incidents undermine the rule of law and the administration of justice.

In a statement issued on November 3 in Arusha, Tanzania, the regional lawyers’ association said it stands in solidarity with the South Sudan Bar Association and the advocates it represents.

The society said it “unequivocally condemns the reported attacks, threats and intimidation directed at advocates in South Sudan in connection with the discharge of their professional duties.”

It cited several incidents, including the shooting of advocate Victor Batali in Juba, death threats against advocate Haim Isava Paul in Western Equatoria, and threats against lawyers representing former First Vice President Riek Machar.

The association also expressed concern over serious injuries sustained by advocate Manawa Gabriel in a shooting incident outside the residence of a former National Security Director.

According to the statement, “An advocate must never be threatened, attacked or punished for representing a client.”

It added that representing a client does not amount to endorsing that person’s conduct, beliefs or alleged actions.

The East Africa Law Society further warned that intimidating lawyers threatens the right of citizens to a fair hearing and effective legal representation.

The association cited provisions of South Sudan’s Transitional Constitution, including Article 137(1), which recognises advocacy as an independent private legal profession, and Article 19(7), which guarantees an accused person’s right to legal representation.

It also referred to the African Charter on Human and Peoples’ Rights and the United Nations Basic Principles on the Role of Lawyers, which protect lawyers from intimidation, harassment and interference in the performance of their professional duties.

The society welcomed the reported response of the Special Court to threats against defence counsel but stressed that protection must be extended to all lawyers, regardless of whom they represent.

It called for independent investigations, accountability through due legal process and immediate measures to protect advocates whose security is at risk.