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It is unlawful to arrest suspects’ family members – lawyer

Author: Chany Ninrew | Published: Friday, November 12, 2021

Advocate Reech Malual

A Human Right lawyer has urged state governments to end the allege practice of arresting family members of suspected criminals.

In September, a 50-year old woman was held for her son’s crimes at a military detention facility in Yirol West County of Lakes State.

Nyanon Marial Aguek, the mother of a wanted fugitive, took her own life inside the detention facility.

According to the transitional constitution, a person arrested by the police, as part of an investigation, may be held only for a period less than 24 hours.

However, observers say law enforcement agencies in some states continue to hold family members of runaway suspects in arbitrary detentions.

The executive director of screen of rights says the practice of arresting people for crimes they did not commit, is in disregard of the law.

Reech Malual, who doubles as the chairperson of coalition of public interest litigants, has urged the state governments to desist from such practice.

“There is no legal setting in the republic of South Sudan where people can be arrested for the crimes they did not commit in the first place. You can only be arrested if you are accused or suspected of committing a crime,” Reech said.

“There is something called public prosecution attorney who has been given power by the law to give any procedure and charge anybody as per the law and arrest or issue arrest warrants and those arrest warrant should be the one to be used.

“No one else has power to arrest anyone except the court and the public prosecution attorney.”

According to the international human rights laws, everyone has the right to liberty and security.

It also says no one shall be subjected to arbitrary arrest or detention.

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