national laws, despite the known fact that the victims are from a minority tribe that
is particularly vulnerable due to their underrepresentation in the law enforcement
and the security sectors.
96. Lastly, they argue that this discriminatory treatment by the Respondent State has
left them without any protection of their life and property and from being made
homeless. They submit that these actions of the Respondent State constitute
violations of Article 14 of the Constitution of South Sudan and violations of Article 2
& 3 (1) and (2) of the African Charter.
Alleged violation of Article 4 of the African Charter - respect for life and integrity of
the person
97. The Complainants submit that the sudden raid carried out in their house early in the
morning with 14 heavily armed soldiers in a combat-like situation is a grave
disrespect of human dignity. They add that their very yO~.l}gchildr~,~ from ages 2 to
8, a pregnant woman and an elderly woman diagnosed~fwith'''nype'rtens;i2n'were
raided in an aggressive military style and forced out of their lawful ho:rrie~into the
streets without any reason. Military . police strictly deal with the. army or other
criminal situations that the police cannot maintain. They are traditicinally aggressive
due to their nature of duty in handling uncontrollable or undisciplined soldiers. The
military police unleashed similar tactics and behavior on the Complainants, who are
civilians, in a similar way they handle uri~~ntrollable soldiers.
.
98. The Complainants aver that such an extreme ill-treatment on civilians has the
highest potential of causing sudden death to an)/~lderly woman with a preexisting
medical condition, a woman in her late pregnancy or the children, due to the
dangerous effect of the military raid. Similarly, the actions have a long-term distress
and terrible impact in the life and development of the children and the other
Complainants.
.
99. They further adduce that South Sudan laws set procedures for eviction, including
court p~ocedures that involve getting not less than I-month eviction notice, if the
complainants are unlawful occupants of the land (Section 85 of South Sudan Land
Act, 2009). Artiqle 152, 'eto£ the Constitution states that the national armed forces
shall not be used a~ :arl instrument of physical intimidation of the civilian
populations. They aver that the actions of the military police were unlawful,
extreme and h<:}dthe potential of causing death to the pregnant woman, the unborn
child, the eldeHy woman with the hypertension and the young children and
therefore constitute a violation of Article 4 of the Charter.
Alleged violation of Article 5 - right to respect of the human dignity
101.
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