Arop
Juba – Al-Naeim Mubarak Kuol
The first session in the trial of the First Vice President of the Republic of South Sudan and leader of the Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), Dr. Riek Machar Teny Dhurgon, began this Monday morning at Freedom Hall in the capital, Juba. The trial marks one of the most high-profile political and judicial cases in South Sudan since the signing of the Revitalized Peace Agreement.
Machar, along with 82 other defendants, faces charges including high treason, destruction of public property, leading terrorist militias, committing crimes against humanity, conspiracy, and terrorism, according to the indictment filed by the Ministry of Justice. The ministry stated in an official press release that 13 of the accused remain at large.
Media Ban Sparks Outrage Among Journalists
Despite the Ministry of Justice’s earlier announcement that the trial would be public, independent media outlets were barred from covering the session, which was broadcast exclusively on the state-owned SSBC.
The Union of Journalists of South Sudan condemned the media ban, calling it a violation of press freedom, the right to information, and an undermining of the principles of justice and freedom of expression. The Union demanded neutral and transparent coverage of a trial of significant public interest.
Defense Team Challenges Court Jurisdiction
At the opening of the session, the defense team led by senior lawyer Dr. Geri Raimondo Lege filed a legal challenge to the jurisdiction of the special court, arguing that trying Dr. Machar before this judicial body was unconstitutional and lacked legal and constitutional authority.
The defense based its argument on Articles 103 and 104 of the Transitional Constitution, the Standing Orders of the Transitional Legislative Assembly (2013, amended 2021), and the Revitalized Peace Agreement signed on September 12, 2018, which was incorporated into the constitution through Amendment No. 6 of 2020.
Dr. Geri argued that “Dr. Machar may not be legally prosecuted unless two-thirds of the National Legislative Assembly approve it, according to Article 103, paragraph 2.” Any court operating without this prerequisite, he said, lacks legitimacy.
He further stated that the formation of the special court itself is unconstitutional, as it was established not by an act of parliament, but rather by a decision of the Chief Justice, which violates international and regional treaties ratified by South Sudan.
Court Adjourns the Session
The court requested a response from the government side to the defense’s arguments. However, the public prosecution was unprepared to deliver a legal reply during the first session and requested additional time to prepare, which the court granted. The session was postponed until Tuesday.
Ministry of Justice Clarifies
In a press release, the Ministry of Justice clarified that the document presented during the minister’s press conference was merely a summary of the main points reached by the investigation committee. The full version, which includes detailed information compliant with legal texts, has been included in the official case file submitted to the court.
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