Legal Appeal Regarding the Unlawful Arrest, Transfer, and Detention of Mr. Gudi Mager and Mr. Madior Maker. We hereby submit this legal appeal to raise serious concerns regarding the unlawful arrest, extrajudicial transfer, and incommunicado detention of Mr. Gudi Mager and Mr. Madior Maker.
According to reliable information on the ground, Mr. Gudi Mager and Mr. Madior Maker were apprehended in Juba without a valid arrest warrant, without being informed of the charges against them, and without being granted access to legal counsel or family members, in violation of their constitutional and legal rights. They were then unlawfully and forcibly transferred to Rumbek, Lakes State, outside the jurisdiction where the alleged arrest took place.
This act constitutes a gross violation of the Transitional Constitution of the Republic of South Sudan, particularly Article 19, which guarantees the right to liberty and security of the person, the right to be informed promptly of the reasons for arrest, the right to legal representation, and the right to be brought promptly before a competent court. Moreover, the extrajudicial transfer from Juba to Lakes State without judicial authorization or extradition procedures contravenes established legal standards for inter-jurisdictional arrest and detention.
The use of Military Intelligence (MI) operatives to carry out this transfer and detain civilians is outside the scope of their constitutional mandate, which is strictly limited to matters of national defense and external threats. The involvement of MI in this matter represents an abuse of power and an overreach of military authority into civilian legal affairs.
It is further alleged that these actions were conducted at the behest of Mr. Santo Malek and his associates, with the facilitation or acquiescence of officials connected to the Office of the Governor of Lakes State. If true, this raises grave concerns of political interference, misuse of state power, and personal vendettas being pursued through unlawful means.
We therefore demand the following urgent actions Immediate transfer of Mr. Gudi Mager and Mr. Madior Maker from military custody to a lawful civilian detention facility under the control of the South Sudan National Police Service.
Full access to legal counsel, family members, and independent medical examination.
Judicial review of the legality of their arrest and transfer and presentation before a competent court of law without further delay.
An independent investigation into the role of Mr. Santo Malek and any state officials who may have facilitated or ordered this unlawful operation.
A clear reaffirmation by the Office of the Governor of Lakes State of its neutrality and commitment to the rule of law and due process.
We further call upon the Ministry of Justice and Constitutional Affairs to take immediate steps to ensure that state and military institutions are not weaponised against civilians for political or private purposes, and that all security agencies operate strictly within the bounds of their constitutional mandates.
Failure to address this matter promptly and transparently will not only undermine public trust in the justice system but will also constitute a continued breach of both national and international legal obligations concerning the protection of human rights and the rule of law.
Cc.office of the president of the Republic. office of the Governor of Lakes State.South Sudan human rights commission. Office of the Minister of Justice.
