The special court has ordered the National Security Service (NSS) to immediately stop the alleged practice of forcibly removing detainees’ undergarments during searches, describing the act as degrading and a violation of constitutional rights.
The ruling followed a petition filed by Dr. Machar’s defense lawyers on Feb. 2, 2026, who accused security operatives of subjecting the accused to degrading treatment, including the removal of undergarments, bans on wearing suits, intrusive searches, and the confiscation of personal books.
Machar’s defense lawyers argued that removing undergarments during searches amounts to humiliation and infringes on the dignity and privacy of suspects.
During the 52nd session held Monday at Freedom Hall in Juba, Judge Stephen Simon, a member of the panel, directed the NSS to adhere strictly to lawful detention procedures and respect the fundamental rights guaranteed under the law.
“Taking off the undergarments of the accused persons is prohibited as it infringes on their rights,” Simon ruled.
Simon also ordered the security operatives to return the notebooks of the accused persons so they could take notes while in court. He ruled that searches of the accused persons when entering and leaving the court are legal but must be conducted in a dignified manner.
“The accused persons while in custody are expected to abide by rules and regulations,” he said.
Digital investigation report
A South African digital forensic expert, Ratlhogo Peter Calvin, submitted his report on digital and forensic investigation with six attachments.
The attachments include: NCA request for forensic support from South Africa as prosecution document 9-A; Ministry of Foreign Affairs request letter for mutual legal assistance on digital forensic services as document 9-B; a letter from the Ministry of Foreign Affairs to the South Sudanese head of mission in South Africa to explore the possibility of engaging private forensic expert services as document 9-C; a request letter from the Ministry of Justice for mutual legal assistance on digital forensic analysis from South Africa as document 9-D; Ministry of Foreign Affairs Letter D-Courier as document 9-E; and the diplomatic bag of the Embassy of South Sudan in South Africa as document 9-F.
Machar’s lead defense attorney, Dr. Geri Raimondo Legge, objected to prosecution document 9-E, which pertains to a diplomatic bag containing evidence. Dr. Geri said the expert lacks jurisdiction and claimed that all presented materials are null and void.
“Currently the expert before the court lacks jurisdiction as to the subject matter, and hence what has been done by the expert is null and void, which means it has no legal effect on the court,” Dr. Geri said.
He stated that the defense objected to the document being marked by the court as prosecution document 9-E, citing the South African Cybercrime Act of 2020.
For his part, Ajo Ony’Ohisa, lead member of the prosecution team, described the defense’s objection as misplaced, premature, and misleading to the court.
“Therefore, the objection raised by our learned colleagues in defense is misplaced, premature, and misleading to the court. The document issued is original and not forged, and there is no challenge to its form by the defense,” he said.
Ony’Ohisa said the South African Cybercrime Act cited by the defense is not relevant to the expert testifying before the court.
The court adjourned the hearing to Friday, Feb. 20, 2026, when the digital forensic expert is expected to be cross-examined by the defense team.
Machar, 73, and seven co-accused face charges including murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity. Machar is under house arrest while the other co-accused are held at NSS detention centers in Juba.
The other defendants are Puot Kang Chuol, 40; Mam Pal Dhuor, 37; Gatwech Lam Puoch, 66; Lt. Gen. Gabriel Duop Lam, 53; Riek Machar Teny, 73; Camilo Gatmai Kel, 47; Mading Yak Riek, 45; and Dominic Gatgok Riek, 27.
Prosecutors allege that SPLA-IO forces allied with the White Army killed 257 SSPDF soldiers — including commander Gen. David Majur Dak — and destroyed or seized military equipment valued at about $58 million during the Nasir garrison attack in March 2025.