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JUBA - 18 Dec 2014

South Sudan army divided over death sentence for ethnic killing

South Sudan’s army is sharply divided after a soldier was sentenced to death Wednesday for allegedly killing a colleague on ethnic grounds a year ago.

In a ruling announced before the general parade at Bilpham headquarters, the army’s judicial wing sentenced Michael Deng Nguen to death, following several months of hearings. They determined he targeted and killed his colleague on ethnic grounds after fighting broke out last December. Nguen served as the part of the special forces known as Commando.

“He was also charged for indulging himself in politics of which the military court martial passed a verdict of death penality through firing squad,” SPLA Director for Military Justice Henry Oyai told the parade. “The ruling is in the office of the president, who is commander in chief of the national army, waiting for approval.”

Nguen is one of the first soldiers to be sentenced for atrocities related to the December violence. Six other soldiers have also been given jail terms on a variety of charges, ranging from the sale of guns to breaching the code of conduct. Another 34 soldiers have been given six-month sentences for desertion.

After the verdicts were announced, Lieutenant General Malual Ayom, who is the deputy chief of general staff for administration and finance, praised the move and explained the SPLA is attempting to reorganize.

“The SPLA as a national army has embarked on radical reformation and the sentencing of these soldiers, as well as dismissal from the army will give room for reform and show respect for rule of law,” he said. Ayom said the army will continue to punish soldiers who disobey the rules and regulation of the military.

But several key ranking officers disagreed with that judgment, saying the soldiers, especially Nguen, did not receive a fair trial.

“There is a general feeling from the soldiers that the sentences were unfair, particularly that of the sergeant who was given the death penalty,” said a senior officer who requested anonymity. “According to key witnesses who were not allowed, the deceased was killed in self-defense. They say it was the deceased who turned his gun and shot dead his colleague from the same line. He was actually defecting to the side of the rebels… There was no intention to kill his colleague because of ethnicity.”

He said the court did not allow enough time to properly examine each case.

Another senior officer at the presidential guard force division said in a separate interview that military leadership should reconsider the decision because the sergeant sentenced to death had demonstrated patriotism and loyalty to the constitution.

“This man who has been sentenced should have been commended for bravery and sacrifice,” he said. “But it’s unfortunate that for some inexplicable reasons, some people connived and ordered that the soldier be charged with murder.”