CASE SUMMARY FOR THE APPLICATION OVER A MATTER ON ALLEGED INCOMMUNICADO DETENTION OF A SOUTH SUDANESE BUSINESS MAN

EAST AFRICAN COMMUNITY
EAST AFRICAN COURT OF JUSTICE

First Instance Division to hear an ex parte Application concerning alleged incommunicado detention of Mr Kerbino Wol Agok (A South Sudanese)
Hearing of Application No. 20 of 2018 (Arising from Reference No. 19 of 2018) Garang Michael Mahok vs The Attorney General of South Sudan will be tomorrow Wednesday 6th March 2018 from 9.30 a.m.
The Applicant seeks orders that; the Respondent (the Attorney of the Government of the Republic of South Sudan) be ordered to;
a. Provide this Honorable Court with precise and credible information as to the exact whereabouts of Mr Kerbino Wol Agok
b. Provide assurance to this Honorable Court that the Respondent will immediately allow access to Mr Kerbino Wol Agok by his family, friends, associates, legal counsel and doctors
c. Provide this Honorable Court with reasons for freezing Mr Kerbino Wol Agok personal and corporate bank accounts, confiscation of monies therein and the closure of his businesses
Further that, the Respondent either releases Mr Kerbino Wol Agok or arraigns him before a competent, impartial and effective Court or tribunal and pending the determination of the Reference, the Respondent, with immediate effect, reverse the closure of Mr Kerbino Wol Agok businesses and personal and corporate bank accounts.
In the Reference which is pending before the First Instance Division, the Applicant is challenging the alleged arbitrary detention of Mr Kerbino Wol Agok since 27th April 2018 without being informed of reasons for his arrest, without being charged or brought before a competent impartial Court or tribunal. Such actions are condemned for being in violation of the Constitution and laws of the Respondent State and in violation of Article 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.

The Applicant therefore prays for the above orders pending hearing inter parte and pending determination of the Reference.

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Respondent: Representative Attorney General’s Office

About the Court
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court has sub-registries in each of the Partner States, save for South Sudan.

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For more information please contact:
Yufnalis Okubo,
Registrar,
East African Court of Justice
Arusha, Tanzania
Tel: 255-27-2162149
Email okubo@eachq.org

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