state of civil and political rights: Not free
constitution: July 9, 2011
legislative system: bicameral National Legislature consisting of the National Legislative Assembly and the Council of States
judicial system: Supreme Court, Courts of Appeal, High Courts, County Courts
death row: 200 (as of 14 November, 2012, source: Minister f Justice)
year of last executions: 0-0-0
death sentences: 0
international treaties on human rights and the death penalty:
The Republic of South Sudan gained independence from Sudan on 9 July 2011, following a January referendum under the terms of the 2005 Comprehensive Peace Agreement (CPA) that ended Africa's longest-running civil war.
Under the 2005 agreement, the South was granted regional autonomy along with guaranteed representation in a national power-sharing government.
The agreement also provided for a referendum in the south on independence in 2011, in which 99% of southern Sudanese voted to split from Sudan.
Formed from the 10 southern-most states of Sudan, South Sudan is highly diverse ethnically and linguistically. Unlike the predominantly Muslim population of Sudan, the South Sudanese follow traditional religions, while a minority are Christians.
Under the Penal Code Act, 2008 (pre-independence), the death penalty in South Sudan is provided for treason; insurgency, banditry, sabotage or terrorism resulting in death; perjury in a capital case leading to wrongful execution; murder; attempted murder causing injury by a person sentenced to life for a previous murder; brigandage with murder; and drug dealing under aggravated circumstances.
People who in the opinion of the Court are under 18 years of age cannot be sentenced to death, neither can people who in the opinion of the Court are over the age of 70.
The death penalty is also provided by the Transitional Constitution adopted on 9 July 2011.
South Sudan’s 2008 Code of Criminal Procedure provides that execution is by hanging.
Since South Sudan became an independent State on 9 July 2011 until the end of November, five people were executed for murder, according to the U.N. Mission in South Sudan (UNMISS), that listed another 19 people executed between 2008 and 2010.
As of 21 November 2011, there were 183 people sentenced to death held in three death rows, located at Juba Prison (Central Equatoria State), Wau Prison (Western Bahr el Ghazal State) and Malakal Prison (Upper Nile State).
Few of them benefited from legal assistance during their trial and most were not able to appeal their sentences due to the same reasons.