Decision of the African Commission on Human and Peoples' Rights on Merits Communication 796/22 - Rose Modong Samuel and Three Others (Represented by John Gerry & Co. Legal Practitioners) v. The Republic of South Sudan Summary of the Complaint: 1. The Complaint is dated 11th May 2022 and is mad~"'against the,:':F.epublicof South Sudan (the Respondent State), a State Party to the Afric~ Charter on Human and Peoples' Rights (the African Charter) which it ratified on 23rd October 2013. 2. The first Complainant, Madam Rose MQdo~gSamuef submits the Complaint to the African Commission on Human and peoples' J,Zights(the Commission) on her own behalf and on behalf of three others: Mr. Isaac Jugat"Ms. Hellen Ojaba, and Mr. John Gerry (her son who also serves as the legal represer:l; tive of the Complainants). 3. The Complainants indicate-that Rose Modd,t,lgSamu odong), a South Sudan citizen and mother of four (4) children, lived in Lologo I residential area of Juba, the capital city, from 1986 to 1992,and from 2007to 27 November 2021. I 4. They also indicate-that on 15 May 199Q<M,odongacquired a rural plot, registering it in the name of he~:eldest son, Isaac Jugar. Sl;l~used the land for cultivation before it was officially dem.~rcated as a residential area due to population growth. 4: A, .:~~:y;.. , 5. The Complainants s~ate that Modongjand her family fled Lologo II during the war in 1992, returning hohleafter the wa~ in 2007. Since November 2021, Modong had been living with her eldest son, .4 grandchildren and their mother on the land. The Complainants state that Modong never had any problems with the land authorities or any disputes over her land, She always paid her land taxes and complied with all government regulations.dncluding the updating of land documentation. 6. They allege that in 2021, Mr. Mading Ngor Akec (Mading), a self-styled journalist, seen often in the company of a large number of soldiers who act as his bodyguards, evicted people living on a plot next to Modong's and began erecting new buildings. The neighbor, who had been evicted, instituted legal proceedings against Mading. However, with the backing of soldiers, Mading blocked investigations. 7. They also allege that after completing the construction, Mading moved into his new house. A few months later, he went to see Modong, and told her th, . er land and that she should vacate it. Although he did that ofte%~ odb~ET~ -o th refused to give in to his demands. In one of the attempts, on :t6 ctob~r 02f~ , e «~. dr Mading sent an unarmed soldier .to Modong's house. The. SOI?~:()VI~b~.P.~bU':' ~ her, destroyed some of her belongings, and threatened to kill h~I&.S e rerrta1. me mE. ~ AU·U~ I:} ~ the area .r~ <3 ,.:: .'0'<" • 0').- ......._ " .), ~·"·'C."Nl\)~..,~<, ". ~~1'( e- ~I_<" ... 77Ul Ordinary Session of the ACHPR .. , pf0~\... // - 1