South Sudan President, Salva Kiir Mayardit: SOUTH SUDAN GOVERNMENT: RELEASE JAMES GATDET DAK NOW

SOUTH SUDAN GOVERNMENT&colon RELEASE JAMES GATDET DAK NOW
We, the undersigned international and regional human rights defenders call on the government of South Sudan to unconditionally urgently release of James Gatdet Dak.

The life of James Gatdet Dak is precious and he deserves to live like any human being. He has children and family who deserve to have father, a right now being enjoyed by families of those in the government of South Sudan who want to kill him. James Gatdet Dak’s life must be saved and set free immediately by South Sudan government.

About Gatdet

James Gatdet Dak was long‐serving journalist and later became spokesperson of Dr Riek Machar Teny, the former First Vice‐President of South Sudan and current rebel leader of the Sudan People’s Liberation Movement and Army In‐Opposition (SPLM/A‐IO).

Abduction and Deportation of Gatdet

James Gatdet Dak was abducted from his home in Nairobi, Kenya, by Kenyan security agents and he was later extradited and handed over to the South Sudan government, on 3 November 2016. The governments of Kenya and South Sudan coordinated the abduction and extradition despite the fact that the Kenya government was aware of James Gatdet Dak being in Kenya under legal asylum status.

James Gatdet Dak once handed over by Kenya government to Juba government, he was tortured, put under horrific conditions in the intense security control in ‘Jebel Blue House’, a detention facility of the South Sudan’s National Intelligence and Security Service (NISS) situated at the outskirt of capital Juba. The same conditions which James Gatdet Dak helplessly remains to live up to now with death sentence hanging over his head.

The act of deporting James Gatdet Dak by the Kenya government while well aware that he would face serious political persecution including torture and degrading treatment from the government of South Sudan, was a violation of the Bill of Rights provided for in the Constitution of Kenya of 2010 under its Chapter 4 especially Article 26 on right to life, Article 28 on human dignity, Article 29 on security of person and Article 50 on the fair trial. The act of Kenya government also violates the international and regional human rights instruments such as civil and political rights, humanitarian law under the United Nations and the African Charter on Human and Peoples’ Rights to which Kenya is a state party.

Trial of Gatdet

James Gatdet Dak was sentenced to death by hanging and 21 year imprisonment. He was charged with Treason (death sentence), incitement to violence (20 year imprisonment) and of insulting President Salva Kiir (1 year imprisonment). The verdict was passed on 12 February 2018 by the High Court in South Sudan’s capital, Juba.
His lawyer was intimidated by the South Sudan government security agents and he withdrew. James Gatdet Dak, a layman, was put on trial alone without any lawyer and his trial seems an already decided verdict by the South Sudan government. On 12 February 2018, his death sentence and 21 year imprisonment were passed on him.

James Gatdet Dak has been critical of the government of South Sudan, condemning the massacres of civilians in Juba and since then after the outbreak of civil war in South Sudan on 15 December 2013. Due to his critical stance against human rights violations by the government of South Sudan, James Gatdet Dak became the target of South Sudan’s agents of national security and military intelligence.

We therefore believe that the charges against James Gatdet Dak are politically and tribally motivated by the Juba political and ruling elite. His trial was wholly unfair movie contrary to the provisions of the Transitional Constitution of South Sudan, 2011 ( TCSS 2011 as amended) and especially its Part Two under Article 19 that provides for the fair trial.
The charges against him are untrue. The charges are politically motivated and complete fabrications of the government of South Sudan. James Gatdet Dak is a political prisoner who should have been released as provided for under Article 9(2) (c ) and (4) of the Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access which stipulate for the release of all political prisoners and detainees within 14 days from the date the Agreement comes into effect.

James Gatdet Dak’s death sentence and purported 21 year imprisonment, further violate his constitutional rights under Article 11 (right to life and human dignity), Article 12 (personal liberty), Article 14 (equality before the law), Article 18 (freedom from torture) and ultimately the charges against him were fabrications which violated his rights of freedom of expression and media under Article 24 of TCSS 2011.
Peace Agreement between SPLM/A IG and SPLM/A IO.

We demand Gatdet's Immediate and unconditional Release