Former Court of Appeal judge, Gerry Raimondo. (Photo: Awan Moses/Eye Radio)

The South Sudan Law Review Commission has proposed key changes into the Criminal Procedure Code, including granting families the right to report the whereabouts of victims of enforced disappearance directly to the court.

The Law Review Commission, in partnership with UNMISS, held a three-day consultative workshop to review the Code of Criminal Procedure Act 2008. The forum included participants from Judiciary, Lawyers and Military Justice.

The workshop provided an opportunity for stakeholders to express their views about the key principles to be observed during the investigation and trial.

“The review says if you have one of your loved ones detained by the security in hidden places, and you know the place, you have the right to come to the High Court and report,” Justice Gerry Raimondo narrated in an interview with Eye Radio.

Some of the provisions recommended for review are disclosure and exchange of evidence between the parties before the court, court fines and blood compensation.

The other recommendations presented at the workshop is timeframe for the cases, as well as review of judgement of the Supreme Court.

“We have come with disclosure of the evidence of any material evidence from the prosecution or accused side to exchange so that you go to court with an open mind. This is what we call a fair trial and procedural fairness.”

Justice Raimondo said the other amendment is non-compatible offences which have not been defined in the court.

“We define it as confined non-compatible offences and this type of offence, in which you cannot go directly to the police and write a petition, for example, the case of adultery and issues of the defamation.”

“The aggrieved person is the one who can petition the prosecution and file a criminal case.”

Among the amendments inserted by the workshop, is the provision for the release of a child who committed a crime and was convicted in a case before maturity in Reformatory School.

In the case of blood compensation, Raimondo said the law commission reviewed the 20,000 South Sudanese pounds provided in the initial act and is not compatible with the currency value.

“Fines are fixed in the code of criminal procedure act 2008, and these figures are now zero. So we propose that these figures should be omitted and replaced with currency point.”

According to him, the commission resolved that the court may apply the existing customary law.

Another amendment in the workshop also stated that individuals accused of a coup attempt will be tried in absentia.

This means that those individuals can be prosecuted and judged without being physically present at their trial. Geri Raimondo said this can have several implications.