Man, 21, escapes death sentence after successful appeal
The Justice and Human Rights Observatory (JAHRO) has welcomed the withdrawal of a death sentence and the release of a juvenile after he spent six years behind bars for committing culpable homicide.
Magai Mathiop, who was about to be executed, was sentenced to death in 2017 at the age of 15 after he was found guilty by the high court in Eastern Equatoria State of killing his cousin. The national human rights advocates appealed the verdict.
Following the appeal against the ruling jailing Mathiop, the sentence was altered to pay SSP500, 000 in default of a five-year jail term, and a blood compensation of 51 herds of cattle.
On Tuesday, Mathiop, who has now turned 21, was set free after paying the required amounts through JAHRO and its partners. It is a national organisation advocating for the abolishment of the death penalty in South Sudan.
“Today (Thursday), we are here to support and welcome the decision of the Eastern Equatoria State High Court judge, Obech Denyong Antong, issued on March 22, 2022,” Godfrey Victor, Executive Director of JAHRO, said.
“The honourable judge indeed found that Magai Matiop was a juvenile at the age of 15 years old when he was convicted and sentenced to death by the high court sitting in Nimule in 2017.”
Mr. Victor said the conviction of Mathiop resulted in an adverse psychological impact on him and it was a violation of the country’s interim constitution, the Child Act, 2008, and international instruments as well as the Penal Code, 2008.
“Magai Mathiop was convicted to death without the help of an advocate and the trial procedure at that time was in violation to Article 19(7), section 187 and 144(iv) of the Child Act, 2008. …. We are here today to witness the restoration of justice and dignity to Magai,” said Mr Victor.
He said the passing of the death sentence on a juvenile did not only shame the police, persecutor and attorney but also the prisons services and general judiciary system of South Sudan as a member state to international instruments that provide for respecting every child’s rights.
“It has saved the image of the judiciary of South Sudan and has confirmed the obligation of the Republic of South Sudan as a UN member state not to impose the death penalty on any juvenile,” said Mr Victor.
Both the South Sudan Child Act and the interim constitution, as well as the penal code, prohibit the detention and sentencing of a child to prison, but rather to a reformatory centre for rehabilitation.
Irregular move
According to Victor, even though the prison act provides for segregation of the below 18 of age from adults, Mathiop was out together with matured inmates, furthering trauma and stress that now required counsellors.
“I am calling for psychosocial support to Mathiop and necessary protection. He went through a challenging situation in the prison for six years which has affected adversely affected him,” he urged.
