By: Daniel Abushery Daniel (USA)
“No civilization would ever have been possible without a framework of stability, to provide the wherein for the flux of change. Foremost among the stabilizing factors, more ending than customs, manners and traditions, are the legal systems that regulate our life in the world and our daily affairs with each other” Hannah Arndt
December 10, 2011 (SSNA) — While I may not have beef or carrot in ongoing insecurity in Juba and other cities of South Sudan states, but, I may have a camel when the law and order have been broken whether knowingly or not, especially, by law makers, and law enforcement agencies in the country. When the universal standards of human rights law “Bills of rights”, and international humanitarian law, to differentiate between the ethic and moral, between good and evil, and in criminology between principal and accessory to crime
As a matter of law “de jure”, the proverb said it best; “he who goes to law for a sheep loses his caw”. When I heard about the released of former Chief of criminal investigation department “CID” Marial Nour without any charges against him, torture, and bribery widely rose my eye browse, how in the world a suspect that; his arrest connected with serious felony charges, and accused with atrocities hyena crimes against humanity, just released from custody without proper criminal justice system procedure?
In his interview with the media and press in his residence, Chief Nuor said; “Yes, I am released, actually there was no case against me, it was just individuals who were trying to confuse the situation, to mislead the public, in order to cover up their own mess, especially, crimes they have committed in the darkness”, then he added that; the charges were mere fabrications without evidence. (Sudan tribune on Oct. 25th, 2011)
My question is; who mislead who? Public attorney or police officer’s who investigated the crimes!! Somebody must be held responsible here, for either fouls arrest or obstruction of justice.
Assured, I say; former Chief; Nuor charges should not be dismissed without thorough investigation, because the case became public, and the defendants must stand trial in the court of law even, just for preliminary hearing, according to justice system, and how its works, the judge can’t grant a defendant’s request to dismiss the charges, instead, he must decide upon a plea, either, “guilty, no contest, or not guilty”. Its can not be just slap on the wrest, and then go home!!
That’s not the law…
In a criminal justice system world wide; the officer must follow the procedure of arrest; the elements of crime must be specified. If the officer isn’t sure of the elements, he/she look in the penal code to make sure that; sufficient evidence exists to charge a person with the alleged crime. After conducting a preliminary investigation of its legal merits to prove the charges, under our system of justice, all criminal defendants are presumed to be innocent unless proven guilty beyond a reasonable doubt.
Don’t quote me wrong, the judge may decide to take no further action in a case, referred to as a nolle prosequi.
In my humble opinion, President Kiir biggest opponent is administrative corruption and the culture of cover up the crimes and out growth crimes activities, supposedly, not to be the notion, and are really bruising his government, to say the least, the president should know; nobody is above the law, and at the same time; nobody should take the law in his/her own hand. Therefore, my appealed to our president is; to release all detainees, innocent citizens who are still in custody without do process, or speed their trials, if there’s enough and sufficient evidences established to convict them in the court of law.
Nevertheless, there are two side to the coins, no doubt in many people minds that; despite, some short falls in our justice system, there are also, a lot of positive things emerged under this government, but, we the citizens suspected more services to be delivered, that’s the nature of human being.
In conclusion, South Sudan is for all its citizens, all men are created equal regardless of race, religion, culture, party affiliation or any other diversity, and none is above the law of the land. Remember, many of us are afraid to follow our passions, to pursue what we want most, because, it means taking risks, even facing failure. But to pursue your passion with all your heart and soul is success in itself.
Mr. President. Failure is not defeat until you stop trying…
This is my perspective.
The author can be reached at [email protected] or [email protected]