The Special Court in Juba, South Sudan, has ordered police personnel whose names have been mentioned in an ongoing investigation into alleged threats against former First Vice-President Riek Machar and his defence team to stop attending court sessions with immediate effect. This directive was issued during the court's 118th session, presided over by Judge James Alala Deng. The investigation follows an application by Machar's defence team, which raised concerns about alleged threats to the lives and safety of Machar, his co-accused, and members of the defence team.
The defence team, led by lawyer Geri Raimondo Legge, had previously told the court that there was a serious threat to the lives of the eight accused and members of the defence team, particularly Dr. Machar, the fifth accused. However, the defence was not permitted to disclose details of the alleged threats publicly in court. The court's decision to bar the police officers from attending sessions aims to ensure the safety of the accused and their defence team while investigations into the matter continue.
Judge Deng ordered all security forces deployed to the court premises to ensure the safety of the accused and their defence lawyers while escorting them to and from their respective locations. He also directed security personnel to clear the roads while the accused and defence teams were being escorted to ensure their safe passage. These measures form part of the court's directives concerning the investigation and the protection of the accused and members of the defence team.
In addition to barring the police officers, the court has also ordered the eight accused and their defence lawyers to stop using their designated seats in the courtroom. They are instead allowed to sit anywhere in the public gallery until an investigation into the alleged threats is completed. This move aims to prevent any potential harm or intimidation to the accused and their defence team.
Machar and the seven other defendants are on trial over violence in Nasir, Upper Nile State, in March 2025, in which government forces suffered heavy casualties. They face charges including treason, murder, conspiracy, terrorism, destruction of public property, and crimes against humanity. Prosecutors allege that forces aligned with Dr Machar's Sudan People's Liberation Army in Opposition (SPLA-IO), together with the White Army militia, killed 257 South Sudan People's Defence Forces (SSPDF) soldiers during an attack on a military garrison in Nasir.
The prosecution has also alleged that military equipment worth about $58m was destroyed or seized during the fighting. Machar and the other defendants have denied the charges. The court is expected to rule on an application filed by the defence and a counter-application by the prosecution on 2 October 2026. The trial is being closely watched, given its significance to the country's ongoing efforts to address issues of accountability and justice.
The court's decision to take measures to ensure the safety of the accused and their defence team highlights the complexities and challenges of prosecuting high-profile cases in South Sudan. The case against Machar and the other defendants is one of several efforts to hold individuals accountable for human rights abuses and other serious crimes committed during the country's conflict. The outcome of the trial and the investigation into alleged threats will likely have significant implications for the country's transitional justice process.
Key points
- The Special Court in Juba has barred police officers from attending the trial of former First Vice-President Riek Machar amid an investigation into alleged threats against him and his defence team.
- The court has also ordered security forces to ensure the safety of the accused and their defence lawyers while escorting them to and from their respective locations.
- Machar and seven other defendants face charges including treason, murder, and crimes against humanity for their alleged roles in violence in Nasir, Upper Nile State, in March 2025.
