Success of mobile court in Koch sets the stage for further expansion of formal justice system

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Some helicopters are more important than others, like this one, belonging to UNMISS and delivering justice to Koch. Photo by Peter Bateman/UNMISS.

6 Mar 2024

Success of mobile court in Koch sets the stage for further expansion of formal justice system

Peter Bateman/Filip Andersson

UNITY STATE – The landing of a helicopter at a remote peacekeeping base in Koch, South Sudan, signified a pivotal moment for the local community. It meant that a judge would soon set foot in the area for what may be the first time, introducing residents to the promise of formal justice.

In Unity State, as in many other locations in South Sudan, access to formal courts has been virtually non-existent since the onset of civil war in 2013. Among its devastating impacts, the turmoil led to many government institutions - and related infrastructure – being destroyed.

In an attempt to at least partially fill the justice gap created by a lack of permanent judges, the United Nations Mission in South Sudan (UNMISS), in collaboration with the host country’s judiciary, have created what has become known as mobile courts.

By transporting and in other ways supporting judges and other key stakeholders to locations with mounting backlogs of court cases, it is hoped that the rule of law can be expanded to remote, often conflict-affected areas.

Consensus prevails when it comes to the importance of increasing the reach of the formal justice system, without which customary courts, led by traditional leaders, are tasked with hearing also the sort of complex, severe cases they are ill-equipped for. Experience shows that this mismatch sometimes leads to arbitrary detentions, impunity, and cycles of violence going unaddressed.

Peter Mazen Chol Wol, on the other hand, should be up to the task. With more than 20 years of experience as a judge, he is the man chosen to deliver justice to Koch.

"I'm honoured to play a part in restoring the rule of law to our people," he said as he arrived in what would become his home for the coming 25 days.

During that period, the Koch mobile court heard and reached verdicts for a total of 45 criminal cases and appeals made by either side in cases previously decided in accordance with customary law.

The result? Nine convictions, including two for sexual and gender-based violence, and 25 inmates being released as they were found to have been unjustly imprisoned.

One particular court verdict meant the world to Nyakhot Kuol, a woman who had spent two decades trying to get divorced from a partner she did not want.

"After years of enduring abuse, several times being sent back by the police to the husband I tried to escape from, today is the start of my new life," she said, her smile conveying significant relief.

Local teacher Biel Gat Kuoth Gai shared her sentiments, but from a different point of view. For stealing chairs, he had spent eight months in prison, with no end of his detention in sight, when the historic court ruled that his punishment had been significantly disproportionate, ordering his immediate release.

"Sure, I've made mistakes, but now that I'm finally free, I aim to further my education and want to continue teaching others," he said as he sipped his first tea as a free man.

The mobile court initiative in Koch was funded by the Multi-Partner Trust Fund for Reconciliation, Stabilization, and Resilience. It was implemented and organised by UNMISS, with similar arrangements set to be made for more locations in South Sudan.