Former First Vice President Riek Machar has raised concerns over nine rulings made by South Sudan’s Special Court in the Nasir case, saying some of the decisions could affect the accused’s right to a fair trial.
Machar raised the concerns on Wednesday during the 120th session of the proceedings in Juba, as he delivered his defence statement before the court.
Among the decisions he questioned was a ruling that prevented the defence from making audio-visual recordings of the proceedings.
Machar said the restriction had affected what he described as equal treatment between the defence and prosecution in documenting the trial.
He also referred to a ruling restricting direct communication between defence lawyers and accused persons inside the courtroom before proceedings or during breaks without prior permission from the judges.
According to Machar, the restriction could affect the ability of defence lawyers to carry out their responsibilities towards their clients.
The former vice president also questioned the court’s decision to reject a request for live broadcasting of proceedings during the examination of accused persons.
He contrasted the decision with the broadcasting of parts of the prosecution’s case.
Machar further challenged the court’s position on its jurisdiction, questioning why the Nasir case was being heard by the Special Court instead of the Hybrid Court envisaged under the 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan.
He also disputed the government’s role in investigating the Nasir incident, arguing that the investigation should have been conducted through CTSAMVM, the mechanism established under the peace agreement to monitor and verify ceasefire and security arrangements.
Other rulings cited by Machar concerned the immunity of the First Vice President, his designation as the fifth accused and the rules governing media access and reporting of the proceedings.
Machar said the decisions should be considered in the context of Article 19 of the Transitional Constitution, which guarantees the right to a fair and public hearing before an independent and impartial court or tribunal.
He also raised concerns over alleged security threats against some accused persons and members of the defence team, saying the allegations needed to be investigated to ensure that the proceedings could continue in a secure environment.
However, Machar said he remained confident in his defence team and expressed hope that the court would assess the case on the basis of the evidence and submissions presented before it.
He also welcomed the court’s decision to uphold the accused’s right to choose their own lawyers rather than relying on state-appointed legal aid.
The court adjourned the case to October 14, when Machar is expected to resume his defence testimony.
The proceedings relate to the March 2025 violence in Nasir, with Machar and other SPLM/A-IO figures facing charges connected to the incident. The accused have denied the charges.
