absence and without the consent of the Secretary. They aver that by acting that way,
the Respondent State has interfered with the freedom of association of the South
Sudan Bar Association and has violated the rights of the lawyer to freedom of
profession, as well as Section 43 (2) of the Advocates Act, 2013 on the independence
of the Bar Association and thus, an assault on the right to free association, the
independence of the bar and the freedom of profession and violate Article 8 and 10
of the Charter.
111.
The Complainants support their submission in this regard by referring to
The Principles and Guidelines on the Right fair Trial which and legal assistance
in Africa, which states that:
'Governments shall ensure that lawyers: (a) are able to perform all of their
profession functions without intimidation, hindrance, harassment or
improper interference; (b) are able to travel and to consult with their
clients freely both within their own country and abroad; and (c) shall not
suffer, or be threatened with, prosecution or administrative, economic or
other sanctions for any action taken in accordance with recognized
professional duties, standards and ethics. C;harges'~~,.complaints made
against lawyers in their professional capacity shall be processed
expeditiously and fairly under appropriate procedures. Lawyers shall
have the right to a fair hearing, including the right to be assisted by a
lawyer of their choice. Disciplinary proceedings against lawyers shall be
brought before an impartial disciplinary, committee established by the
legal profession, before an independent statutory authority, or before a
court, and shall be subject to an independent judicial review".
Alleged violation of the right to freedo~:'l'~fmoveme~;t and residence and the right to
leave any country including his own and to return to his country (Article 12(1) and (2»
112. The Complainants submit that they are being forced to remain in hiding, to
avoid further abuses by the police and the soldiers, as their land is being occupied
by the soldiers, and they could not even visit it since the violent raid on 27/11/2021.
The passport of the complainants' lawyer was confiscated without a Court Order
contrary to Section.Iz (4) of the Passport & Immigration Act, 2011, which states that
Directorat~ may;'at aily!tIme, cancel or refuse to issue an Ordinary Passport if it is
approved that- (a) The applicant or holder thereof provided false information in
the application; or (b) the holder has renounced his or her South Sudanese
Nationality. Thecondition is that, it must be approved in a final court process and
order, issued in)a fair trial, if it is ascertained that the applicant has provided false
information in the application for new passport or has renounced his South
Sudanese nationality.
~ ON HU41
'
113. They state that in this case, the complainants' lawyer (a) is no
W~gef~.tA.R
passport. He has a valid passport that is issued by the author it l8td
~s if f~
its intended legal purpose, including several travels abroad; (~~~s ot!'~You ced.
or abundant his South Sudanese nationality. Thus, the unila\~al
eci~ion--of pe'
Director in conf.iscat~ng the passport .is illegal un~er the S~utFt;(~':ldanl1.la
',/'of
Passport & Immigration, and the ongomg year-old Illegal travei.:b~n~.0nstr
ates
a
" t.
'L":.·.{ \)\.
.ccontinuing arbitrary detention and a continuing restriction of mov$lent, because
the Complainant is being held in one location without his consent.
'
77tll
Ordinary Session of the ACHPR
20