JUBA – Delayed court trials are a significant judicial problem in South Sudan, resulting from underdeveloped infrastructures and lack of enough court personnel.
These delays lead to dire congestion at prisons, which is now the case at Juba Central Prison, where authorities have raised concern about an increasing backlog of cases.
South Sudan’s penal code stipulates that no suspect should stay on remand for more than six months, unless with the approval of the Court of Appeal.
However, Juba prison records show there are currently 1,857 remanded persons, including adults and juveniles, most of whom have been incarcerated for years without seeing the court.
Col Abel Ahmed, Deputy Director for Administration and Inmate Affairs, said the prison faces serious legal setbacks including increasing remands and lack of enough judges and even lawyers to represent suspects.
He further underscored lack of sufficient food for the inmates, which has forced the prison service to reduce the food ration from two meals per day to one meal per day.
However, he said at least 248 juveniles have been released since December last year, through mobile courts established with support from UNMISS and UNDP at the prison.
Some of the remanded persons decried overcrowding, stagnating court processes and lack of proper health services for the sick.
“You will see people have been brought to the prison from 2018 and others 2019, then didn’t get out from here, didn’t see the court and do not even know where the court is,” said one inmate.
“We are saying this is not fair, this is not good. If you come here at night, you will we sleep like chickens. One ward has 200 or 190.”
Another adds: “There are no drugs at all. If someone is sick, they take the samples but there is no feedback. Sleep is so terrible. And the sleep we have here, if you see us sleeping, you will think these are bodies lying in mortuary. Where I am, is a 6 by 7-meter room, those who sleep inside are 95.”
“There are some cases that are not even supposed to be here. There are those imprisoned because of family issues, addicts, mad people, we are all in the same place,” said a female inmate.
“Let it be different, the addicts, let them be taken to rehabilitation centers or to the hospital. Always you find fighting and others.”
While many of the inmates are convicts serving their time, many others particularly in the women section, ended up in jail for mere family issues.
A young girl in her early 20s said a judge convicted her to a six-month jail term on the recommendation of her parents because she has refused to study. Another shared that she has been imprisoned because her mother doesn’t like her marriage.
According to reports, access to justice in South Sudan is further hindered by inadequate resources, a weak justice system, and the impact of prolonged conflict.