Controversial Provisions That Allows National Security Services (NSS) To Arrest People Without An Arrest Warrant, Has Been Scrapped By The Cabinet.
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Michael Makuei Lueth National Information Minister |
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South Sudan Cabinet have all agreed to remove the "controversial" provision which allows National Security Services Organ to arrest South Sudanese without an arrest warrant.
National Security Services Act Of 2014 section 54-55 allows for an arrested to be carried out without an arrest warrant. The NSS act led to Human rights organization to appeal to the government to revoke the powers of the "NSS".
The move to Scrapped NSS powers was also seconded by President Kiir and Vice President Dr. Riek Machar.
National Information Minister Hon. Michael Makuei Lueth while speaking to the media said that, the cabinet had scrapped the powers of the NSS which is to arrest a person without an arrest warrant.
Hon. Makuei Lueth further hinted that, even though the powers of the NSS have been scrapped but National Security Services can still arrest a suspect without a warrant.
“These provisions were deleted, but nevertheless, the National Security Services have other powers, that is, in case of any subversive activities discovered, they have to arrest and take the people to the appropriate authorities,” Michael said.
“Not only the National Security but the power is with every South Sudanese, any citizen found to be committing an offence for which a person can be arrested without a warrant, any citizen is entitled to that right to arrest that person and take him to the police or the appropriate authorities,” Michael said.
Ter Manyang Executive Director Offer Peace And Advocacy "CPA" accept the decision to scrap NSS powers.
“This is a good move, and this is a good move for the country. The role of our National Security is to collect information and forward it to the relevant authorities,” Ter Manyang said.
“The National Security Service should not have powers to arrest. It is only the police that should have the power to arrest a suspect with a warrant. I welcome the move, and South Sudan is moving forward, joining the rest of the East African countries.” Ter Manyang said.
According to the Human Rights Watch (HRW), The NSS was established at independence in 2011 to “collect information, conduct analysis, and advise relevant authorities”. It repeatedly overstepped this constitutional mandate. In 2014, shortly after civil war broke out in December 2013, the National Security Service Act expanded the NSS’s responsibilities. The new law gave it broad powers of arrest, detention, search, seizure, and surveillance. Its officers used these powers to target people deemed to be anti-government, including human rights defenders, journalists, opposition party members and suspected rebels, profiling them based on their ethnicity. They also detained people accused of fraud, petty offences, or at the behest of individuals fulfilling personal vendettas.
From 2014 the National Security Services, The NSS has become a "feared agency" and a vital tool in the Government's Campaign of silencing dissent.
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