PETITION TO UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION Chair-Rapporteur: Mr. Seong-Phil Hong (Republic of Korea) Vice-Chair on follow-up: Ms. Leigh Toomey (Australia) Vice-Chair on communications: Ms. Elina Steinerte (Latvia) Mr. José Guevara (Mexico) Mr. Sètondji Adjovi (Benin) HUMAN RIGHTS COUNCIL UNITED NATIONS GENERAL ASSEMBLY In the Matter of PETER BIAR AJAK Citizen of the Republic of South Sudan v. Government of the Republic of South Sudan Petition for Relief Pursuant to Resolutions 1997/50, 2000/36, 2003/31, 6/4, 15/18, 20/16, 24/7, and 33/301 Submitted By: Jared Genser, Brian Tronic & Mary Brooks Perseus Strategies, LLC 1700 K Street, N.W., Suite 825 Washington, D.C. 20006 +1.202.466.3069 [email protected] June 12, 2019 1 Resolutions 1997/50, 2000/36, and 2003/31 were adopted by the U.N. Commission on Human Rights extending the mandate of the Working Group on Arbitrary Detention. The Human Rights Council, which “assume[d] . all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights” pursuant to U.N. General Assembly Resolution 60/251, G.A. Res. 60/251, ¶ 6 (Mar. 15, 2006), has further extended the mandate through Resolutions 6/4, 15/18, 20/16, 24/7, and 33/30. INTRODUCTION As set forth below, the Government of South Sudan is arbitrarily depriving Peter Biar Ajak of his liberty for political reasons. Ajak – a widely-respected economist, scholar, and peace activist – was arrested without a warrant at Juba International Airport by National Security Service (NSS) officials on July 28, 2018. The initial investigation against him focused on possible treason and terrorism charges and looked specifically at his public statements (many of which were critical of the Government), involvement with civil society organizations, and peace-building activities. He spent nearly eight months in prison without charge and without being brought before a court, in flagrant violation of South Sudan’s Transitional Constitution and international law. Ajak was eventually charged, not with any crime relating to the alleged reasons for his arrest, but rather for giving an interview with Voice of America while detained. On June 11, he was convicted and sentenced to 2 years in prison. Ajak’s arrest, detention, and conviction are politically motivated and directly connected to his public statements, civil society work, and activities as a human rights defender. Over the past several years, Ajak has established himself as a prolific commentator on South Sudan, and he has appeared regularly on regional television programs to discuss the ongoing peace process. He has been openly critical of the current Government and its ability (or willingness) to end the hostilities. Ajak was also active in civil society – he co-founded the South Sudan Young Leaders Forum (SSYLF), which seeks to organize and mobilize South Sudanese youth, both domestically and internationally, to play a key role in the country’s politics, governance, and peace process. One of the SSYLF’s key messages is that South Sudan needs a “Generational Exit” where the country’s older politicians step aside and retire, allowing the younger generations to take leadership roles and facilitate lasting peace. Ajak’s life and work should serve as a source of inspiration, not as a cautionary tale. One of the “Lost Boys” of South Sudan, he spent much of his childhood in a refugee camp in Kenya before being resettled to the United States. Once in the US, he excelled academically, first at La Salle University, then at the Harvard Kennedy School. Determined to help South Sudan develop and succeed, he returned as an adult and worked with the World Bank, the International Growth Centre, and the Centre for Strategic Analyses and Research (a think tank he founded in Juba). He has been recognized and honored with several awards and fellowships, and at the time of his arrest, he was working towards his Ph.D. at Cambridge University. With this unique background and training, the Government should have welcomed Ajak’s perspective on the country’s future; instead, it has imprisoned him. Accordingly, it is hereby requested that the attached Petition be considered a formal request for an opinion of the Working Group pursuant to Resolution 1997/50 of the Commission on Human Rights, as reconfirmed by Resolutions 2000/36 and 2003/31, and Human Rights Council Resolutions 6/4, 15/18, 20/16, 24/7, and 33/30. 1 QUESTIONNAIRE FOR PETER BIAR AJAK2 I. IDENTITY 1. Family name: Biar Ajak 2. First name: Peter 3. Sex: Male 4. Birth date or age (at time of detention): Nov. 21, 1983; 34 years old when arrested 5. Nationality/Nationalities: South Sudan 6. (a) Identity document (if any): not available (b) Issued by: not available (c) On (date): not available (d) No.: not available 7. Profession and/or activity (if believed to be relevant to the arrest/detention): Ajak is an academic and peace activist. His involvement with the South Sudan Young Leaders Forum (SSYLF), appearances on regional media outlets as an expert on South Sudan, criticism of the Government, and peaceful expression of his concerns related to the peace process for South Sudan are believed to be the main reasons for his detention. 8. Address of usual residence: Ajak divided his time between Nairobi, Kenya and Juba, South Sudan. II. ARREST 1. Date of arrest: July 28, 2018 2. Place of arrest (as detailed as possible): Juba International Airport, Juba, South Sudan 3. Forces who carried out the arrest or are believed to have carried it out: South Sudan’s intelligence agency, the National Security Service (NSS) 4. Did they show a warrant or other decision by a public authority? Ajak was briefly presented with an “arrest warrant.” However, it consisted only of the subject line ordering the arrest and the signature of Akol Koor, the Director General of the NSS – it did not indicate the reason for his arrest, nor the crimes he was accused of committing. Moreover, it was not issued by a court. 5. Authority who issued the warrant or decision: Akol Koor, Director General of the NSS. The issuance of the arrest warrant by NSS officials violates Section 55 of the National Security Service Act (NSS Act), which requires that warrants be issued by a judge of the High Court.3 6. Reasons for the arrest imputed by the authorities: No reason for the arrest was provided. 7. Legal basis for the arrest including relevant legislation applied (if known): The NSS Act allows the NSS to arrest individuals for vaguely defined “crimes against the state.”4 Where a person is reasonably suspected of having committed, having attempted to 2 Based on MODEL qUESTIONNAIRE TO BE COMPLETED BY PERSONS ALLEGING ARBITRARY ARREST OR DETENTION, U.N. WORKING GROUP ON ARBITRARY DETENTION, accessed May 14, 2019, available at http://www.ohchr.org/EN/Issues/Detention/Pages/Complaints.aspx. 3 National Security Service Act of 2014, at § 55(2), available at https://paanluelwel2011.files.wordpress.com/2016/04/national-security-services-nss-act-2014.pdf. 4 Id., at § 13(15); see also id., at § 7 (defining “crimes against the state”). 2 commit, or being about to commit such crimes, they can be arrested without a warrant (though they must be brought before a judge within 24 hours).5 For an arrest requiring a warrant, the NSS must obtain one from the High Court,6 though it is common practice for the NSS to issue and rely upon irregular warrants that are not issued by a judge or court. III. DETENTION 1. Date of detention: July 28, 2018 2. Duration of detention (if not known, probable duration): Since July 28, 2018: as of the date of filing of this petition, he has been detained for approximately 10.5 months 3. Forces holding the detainee under custody: From July 28, 2018 to June 11, 2019, he was held by South Sudan’s intelligence agency, the National Security Service. After his conviction on June 11, 2019, he was transferred to a prison under the authority of the National Prison Service of South Sudan under the Ministry of Interior. 4. Places of detention (indicate any transfer and present place of detention): From July 28, 2018 to June 11, 2019, he was held at the notorious “Blue House,” the NSS headquarters in Juba. After his conviction on June 11, 2019, he was transferred to Juba Central Prison. 5. Authorities that ordered the detention: From July 28, 2018 to March 21, 2019, Ajak was apparently detained based on the “warrant” issued by NSS Director General Akol Koor. On March 21, 2019, Ajak was brought before the High Court and the court denied his request for bail (and later denied several additional requests for bail). On June 11, Ajak was convicted by the High Court and sentenced to 2 years’ imprisonment.7 6. Reasons for the detention imputed by the authorities: On August 15, 2018 – more than two weeks after his arrest – Ajak’s lawyers learned that the NSS was investigating him for a variety of serious crimes relating to treason and terrorism.8 The terms of reference for this investigation instructed investigators to look into Ajak’s Twitter and Facebook posts, TV appearances, involvement with the SSYLF, meetings in Nairobi and Rwanda, and travel within South Sudan. On September 13, police informed his lawyers that he was being investigated for possible additional charges.9 Ajak was never actually charged with these crimes. From March 21, 2019 to June 11, he was denied bail pending trial on 5 Id., at § 54(1)–(2). 6 Id., at § 55(1)–(2). 7 Sam Mednick, South Sudan Sentences Prominent Activist to More Prison Time, WASHINGTON POST, June 11, 2019, available at https://www.washingtonpost.com/world/africa/south-sudan-sentences-prominent-activist-to- more-prison-time/2019/06/11/6b721206-8c42-11e9-b6f4-033356502dce_story.html?utm_term=.5fcb882ece34 and Denis Dumo, South Sudan Jails Prominent Economist Over Media Interviews, REUTERS, June 11, 2019, available at https://www.reuters.com/article/us-southsudan-rights/south-sudan-jails-prominent-economist-over-media- interviews-idUSKCN1TC1A7.