Kenyan-South Sudanese Citizen Gaddhaffy Athorbey Released from Juba Detention

• Gaddhaffy Athorbey, a Kenyan-South Sudanese citizen and whistleblower, was released from detention in Juba after nearly two months in custody.
• Athorbey's abduction and transfer from Kenya to South Sudan raised concerns about enforced disappearance and denial of medical care during his detention.
• The case highlights the importance of due process and the need for authorities to pursue matters through the justice system, rather than resorting to abduction and deportation.
• The release is likely to renew scrutiny of the circumstances surrounding Athorbey's removal from Kenya and the legality of his detention in Juba.

According to Amnesty International Kenya, Athorbey was forcibly taken from Nairobi by armed and masked individuals before being moved to South Sudan, where he was held at a military detention facility in Juba.

The release of Gaddhaffy Athorbey, a Kenyan-South Sudanese citizen and whistleblower, after nearly two months in detention is a welcome development. However, the circumstances surrounding his abduction and transfer from Kenya to South Sudan raise serious concerns about the rule of law and due process in the region. According to Amnesty International Kenya, Athorbey was forcibly taken from Nairobi by armed and masked individuals before being moved to South Sudan, where he was held at a military detention facility in Juba. The rights organisation had alleged that his abduction bore the hallmarks of an enforced disappearance, with authorities failing to provide any information about his whereabouts or the reason for his arrest. This lack of transparency and accountability is particularly worrying given the allegations of unlawful deportation and denial of medical care during his detention.

The case of Athorbey highlights the importance of due process in ensuring that individuals are protected from arbitrary detention and enforced disappearance. Even if an individual is suspected of committing an offence, authorities must pursue the matter through the justice system, rather than resorting to abduction and deportation. This principle is enshrined in international human rights law, including the Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights. In South Sudan, the Constitution guarantees the right to liberty and security of person, as well as the right to a fair trial. However, the Athorbey case suggests that these rights are not always respected in practice.

The release of Athorbey is likely to renew scrutiny of the circumstances surrounding his removal from Kenya, the legality of his detention in Juba, and the alleged denial of medical care during his nearly two months in custody. For businesses operating in the region, this case highlights the importance of ensuring that their operations are not complicit in human rights abuses. Compliance officers should be aware of the potential risks associated with operating in a country where the rule of law is weak, and take steps to mitigate these risks. Furthermore, the Athorbey case underscores the need for greater transparency and accountability in business operations, particularly in regions where human rights are often compromised.

Lawyers should watch for the precedent set by Athorbey's abduction and detention, which raises concerns about the rule of law and due process in South Sudan. Compliance officers may need to advise clients on the implications of this case for their business operations in the region.

Source: Original reporting via South Sudanese media outlets