As storm clouds gathered over the skies in Malakal, the capital of Upper Nile state in South Sudan, last week, there was an unexpected silver lining.
A long-awaited trial was taking place through video conferencing, where the accused—who had been detained since December 2023 on a murder charge—was finally getting his day in court.
Technology enabled a live connection between the country’s judiciary in Juba and a conference room at the United Nations Mission in South Sudan’s (UNMISS) Malakal Field Office.
Supported by the UN Peacekeeping mission’s Rule of Law section, the innovative virtual court proceedings symbolize another step forward in ensuring access to justice for all citizens across this young nation.
In the absence of a high court judge and given the suspect’s prolonged detention, this approach, according to Milbert Shin, Director, UNMISS Rule of Law, was both creative and legally sound.
“Reducing delays in justice delivery is key for South Sudan to move forward in its journey towards sustained peace. Currently, the judicial system here faces serious challenges such as lack of infrastructure, personnel, and mobility,” he explains.
“As UNMISS, we, therefore, consistently engage with the judiciary to find ways to provide support to in overcome these issues and, in concert with partners, build consensus around approaches that bring justice to the people. Deploying mobile courts to far flung locations is one such interventions we support; these have had a positive impact in restoring community confidence and reducing delays in verdicts on serious offences. But in this instance, it was a single case of a serious crime which carries the possibility of a capital sentence. Therefore, we supported the judiciary to conduct a virtual trial,” he adds.
The virtual court proceedings took place in the presence of local justice actors in Malakal; witnesses; Community Watch Group members from the UN Protection of Civilians site; and UNMISS representatives. Andrew Joshua Lado, the Juba High Court Judge presided over the trial.
Presentations were made by the prosecution and the defense, witnesses provided testimony, and an investigator presented his findings.
Speedy but thorough deliberations based on the evidence presented were undertaken by Judge Lado; the suspect was found guilty of a reduced count of manslaughter and due sentencing took place.
“This is a landmark judgement because it saved time, resources and is in line with the laws of the land. The accused will serve three years for his crime, instead of waiting indefinitely to have his case heard. Timely remedial measures not only benefit individual offenders by ultimately aiding their reintegration into society, but also citizens at large, by restoring faith that while justice may be delayed, it will not be denied,” avers Mr. Shin.
Additionally, local justice actors have expressed their strong belief that such virtual trials may prove to be a complementary practice facilitating expedited access to justice where mobile court deployments aren’t possible and should, thus, be incorporated in the judiciary’s practice directions for subsequent trials of a related nature.
UNMISS, through its Rule of Law Section, supports South Sudan to strengthen the protection of civilians through restoration and reform of the rule of law and justice sector; measures to combat impunity and promote accountability; security sector transformation; community violence reduction initiatives; and support for legal reform and oversight.
Distributed by APO Group on behalf of United Nations Mission in South Sudan (UNMISS).
