School Children in a parade in South Sudan [photo credit | Juba monitor

A Juba court has dismissed a case against 30 school children whom the police had accused of involvement in street fight at the weekend.

On Sunday, Triple 7 police unit rounded up the minors who had gathered for a meeting at Buluk, next to Juba Christian Church Primary School.

The police then pressed assault charges against the children.

But according to Geoffrey Abulla – the Executive Director of Justice and Human Rights Observatory – the CCTV recordings presented during the court hearing on Monday proved otherwise.

Geoffrey said this prompted the Mudiria high court to throw out the case and ordered for released of the children.

“The court was able to uphold the constitutional rights of those children and the court was able to really demonstrate that courts in South Sudan are alive,” he said.

According to the Penal Code, when an accused person who is 12 and less than 18 years of age is convicted by a Court of a Magistrate of any offence, the Court may, in passing the sentence prescribed by law, sentence such accused person to be detained in a reformatory school or other establishment for the purpose for a term which shall not be less than two or more than five years.

However, South Sudan does not have juvenile reformatory or correctional centers.

The penal code further says a child under 12 years of age, shall be deemed to lack criminal capacity and shall not be tried for or convicted of any offence, which he or she is alleged to have committed.