Women and men in chains approach an improvised justice bench next to the main prison in Lietnhom, the county headquarters of Gogrial East, Warrap. Exhaustion is writ large on their faces. These prisoners have waited a long time for their time in court. Many of them don’t even know why they have been detained.
“I really don’t know my offense. I don’t know my crime. I was taken from the court side, placed in a container and suddenly I ended up in prison,” one of them shares.
Another case involves a young woman who found herself imprisoned on charges of adultery—a charge often misused against women—after a tragic incident involving her stepfather and deceased daughter.
These anecdotes are a stark reminder that in South Sudan, access to justice cannot be taken for granted.
In Lietnhom, with no resident judge for some five years, customary courts, typically limited to civil disputes, have been handling criminal cases beyond their jurisdiction. This resulted in unjust imprisonment, inadequate judicial procedures, and significant distress for inmates, particularly women and young girls.
However, this week, the United Nations Mission in South Sudan (UNMISS), through its Rule of Law section brought much-needed hope to communities living here by facilitating a two-week case review in collaboration with a judge, public prosecutor and defender sent by the Kuajok High Court to facilitate appropriate court hearings.
“This judicial vacuum must be addressed immediately,” Judge George Michael explained, while beginning to review cases that had gone unheard for months or even years.
On the first day, a woman detained for refusing a forced marriage burst into tears as her release was announced. “Today I finally feel my opinion matters,” she said. Her relief was palpable.
Another compelling moment was when the judge addressed the court while reviewing the case of a teenage girl jailed for choosing a different religion. “We fought for our independence from Sudan to uphold our freedom of beliefs and rights. How can we imprison our own children for exercising these same freedoms?” he questioned.
Within two days, substantial progress was made. “We found that many people were imprisoned without proper documentation or sufficient evidence,” noted Deng Kuol, the prison director.
Out of 77 cases reviewed, 41 individuals were immediately freed, significantly reducing prison overcrowding and arbitrary detention. Only nine inmates remained for further legal proceedings.
“Seeing wrongfully incarcerated people walk free with happiness is one of the most rewarding parts of our work,” smiles Lena Ellen Becker, a Justice Advisor with the UN Peacekeeping mission.
“Don’t be surprised if overcrowding returns in weeks because of the absence of the permanent prosecutors or judges,” cautions Mr Kuol, however.
While these initial sessions reveal deeper systemic issues, such as wrongful imprisonment, arbitrary arrests, and procedural negligence, the beginning of a comprehensive effort toward justice reform in Gogrial East is praiseworthy.
Moving forward, detailed reviews and additional judicial support will continue.
“Our roles need clarity, procedures must improve, and we must protect the vulnerable, especially women and girls,” stated Ayen Deng, a traditional leader working with the customary court.
Despite these early victories, challenges remain.
The woman released from prison faced immediate pressure from her family. They refused to return the cattle received as dowry and insisted she must either marry the man she had originally refused or face imprisonment again. “This shows us that some issues go beyond our courts,” explained a UNMISS officer. “Cultural practices and social pressures require a collective change in mindsets and strong government interventions to ensure true justice and freedom for all.”
As Judge Michael poignantly reminded the gathering, “Justice delayed is justice denied,” pointing out the urgent need for continued commitment to human rights, fairness, and societal transformation across this young nation.
While this UNMISS facilitated case review may only be a temporary solution at this point, its success sets the stage for future replications and long-term investments at the state level. Achieving lasting justice in Lietnhom and beyond will ultimately depend on sustained and collective efforts at every level.
Distributed by APO Group on behalf of United Nations Mission in South Sudan (UNMISS).