13/01/2026
LEGAL OPINION
Re: Allegations of Custodial Sexual Abuse and Resulting Pregnancy of a Female Inmate on Death Row at Juba Central Prison
Jurisdiction: Republic of South Sudan
Issued For: Legal Analysis & Advisory Purposes
Date: January 13th, 2026
1. FACTUAL BACKGROUND
Information received indicates that a female inmate presently held on death row at Juba Central Prison alleges the following:
a. She fell ill and was taken to the prison clinic.
While in the clinic she was administered medication by three male and one female prison officers which rendered her unconscious.
b. She alleges that upon return to her cell she was unaware of what transpired until several months later when she was medically confirmed pregnant.
c. She attributes the pregnancy to custodial sexual assault by the three male officers.
d. She states that prison authorities attempted to coerce termination of the pregnancy, which she refused.
e. She further alleges that this is her second pregnancy in detention, the first having resulted in the death of the infant under circumstances that she alleges involve misconduct and threats by prison officials.
These facts, if proven, engage multiple legal provisions under the Constitution, statute, and international obligations binding on South Sudan.
2. ISSUES FOR DETERMINATION
The key legal issues arising are:
a. Whether the conduct described constitutes criminal offences under the Penal Code Act, 2008.
b. Whether the conduct constitutes violations of constitutional rights of an inmate under the Transitional Constitution, 2011 (as amended).
c. Whether the pregnancy impacts the validity or enforceability of the death sentence under South Sudanese and international human rights law.
d. Whether the Republic of South Sudan bears legal responsibility for the acts of its prison officers.
e. Whether there are remedies available to the inmate in law.
3. APPLICABLE LAW
Relevant legal instruments include:
A. Domestic Law
(1) Transitional Constitution of the Republic of South Sudan (2011)
(2) Penal Code Act, 2008
(3) South Sudan Prisons Service Act, 2011
(4) Criminal Procedure Act, 2008
(5) Child Act, 2008 (relevant to newborn rights)
B. International & Regional Law
South Sudan is bound by instruments including:
African Charter on Human and Peoples’ Rights (ACHPR)
Convention Against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules)
UN Rules for the Treatment of Women Prisoners (Bangkok Rules)
International Covenant on Civil and Political Rights (ICCPR).
4. ANALYSIS
4.1 Criminal Liability
The alleged conduct constitutes the following offences under the Penal Code Act, 2008:
(a) R**e — Sections 247–254
Sexual in*******se without consent, including in*******se with a person rendered unconscious or incapacitated.
(b) Administration of Drugs or Substances — Section 228 criminalizes causing stupefaction for the purpose of committing an offence.
(c) Abuse of Office — Section 349
Officer commits offence by exploiting authority for unlawful gain or harm.
(d) Attempted Coerced Abortion — Section 216
Makes abortion unlawful unless to save the life of the mother.
(e) Infanticide or Murder (First Child) — Sections 206, 213
If evidence substantiates killing of the first child.
The prison officers would be individually liable and subject to prosecution, with the State also bearing institutional responsibility.
4.2 Constitutional and Human Rights Violations
The allegations engage provisions of the Transitional Constitution, namely:
a. Article 11 — Right to Life
b. Article 18 — Freedom from Torture
c. Article 19 — Personal Dignity and Integrity
d. Article 19(4) — Protection of Women
e. Article 21 — Rights of Persons in Detention
f. Torture under Article 18 includes sexual violence and coerced medical practices.
Moreover, detention does not extinguish constitutional rights.
4.3 Pregnancy and the Death Sentence
Under international human rights law, a pregnant woman may not be executed. Authorities are required to:
a. grant a stay of ex*****on during pregnancy and postpartum, and
b. consider commutation on humanitarian and child welfare grounds.
The relevant standards include:
a. Bangkok Rule 61
b. ICCPR jurisprudence
c. African Commission practice
Additionally, the rights of the unborn child and the best interests of the newborn under the Child Act, 2008 further complicate ex*****on.
4.4 State Responsibility
Under the doctrine of state liability in detention, the Republic of South Sudan bears responsibility because:
a. the victim was in State custody,
b. the perpetrators acted under color of law,
c. the State had exclusive control over her physical security.
d. Failure to prevent, investigate, or prosecute custodial r**e constitutes a breach of:
constitutional duties,
positive obligations under CAT and CEDAW,
obligations under the African Charter.
4.5 Remedies and Enforcement
Available remedies include:
(a) Criminal Proceedings
Prosecution of involved officers before ordinary criminal courts.
(b) Constitutional Petition
Challenging violations of Articles 11, 18, 19, 21.
(c) Civil Damages
Compensation for abuse, unlawful medical interference, psychological injury, and loss of child.
(d) International Petition
Complaint procedures via:
African Commission on Human and Peoples’ Rights
UN Treaty Bodies (CEDAW & CAT mechanisms)
(e) Sentence Reconsideration
Grounds exist for application for:
stay of ex*****on
commutation
clemency
5. OPINION AND CONCLUSION
Based on the above analysis, it is my considered legal opinion that:
The conduct alleged, if proven, constitutes serious criminal offences, including aggravated r**e, administration of harmful substances, attempted forced abortion, and potentially infanticide.
The Republic of South Sudan would be in breach of its constitutional and international obligations regarding the treatment of prisoners and women.
The pregnancy legally bars immediate ex*****on and creates grounds for commutation or clemency.
The inmate is entitled to legal remedies, including prosecution of offenders, compensation, medical and psychological protection, and access to legal counsel.
Failure to investigate would constitute an additional violation under CAT and CEDAW for failure to take measures to prevent and punish custodial sexual violence.
6. RECOMMENDATIONS
It is recommended that:
An independent criminal investigation be initiated immediately.
a. The inmate be provided medical care, prenatal protection, and confidential legal assistance.
b. Authorities suspend implicated officers pending inquiry.
c. Ex*****on be formally stayed and sentence reviewed.
d. Relevant ministries notify international treaty bodies as required.
Nyuol Deng Biar Malek,
Advocate Trainee,
Juba, South Sudan