The special court on Monday barred the public and media from attending proceedings in the trial of suspended First Vice President Riek Machar and seven co-accused, citing the need to protect prosecution witnesses.
Six of the 16 prosecution witnesses, all members of the South Sudan People’s Defense Forces (SSPDF), had already testified without protective measures.
The special court ruled that only judges, prosecutors, defense lawyers, and the accused would be allowed in the courtroom during Monday’s session.
The judges also ordered that the identities and contact details of witnesses not be disclosed, citing safety concerns. The decision followed a prosecution request after some witnesses allegedly faced threats and intimidation by relatives of the accused.
Stephen Simon, a member of the three-judge panel, said the measure was necessary to protect witnesses. “Therefore, the court rules that the session shall be held in-camera for some witnesses, in exclusion of the public, including the media,” Simon said during the 37th session at Freedom Hall in Juba.
Simon added that publishing any information that could reveal witness identities or harm them or their families is prohibited. “Anyone who violates this order shall be deemed to have committed an offense and will be dealt with according to the law,” he said.
Presiding Judge James Alala Deng instructed police to escort the public and media out of the courtroom. “The public, including the media, is going to be excluded. The names of witnesses shall not be published and their identities shall not be disclosed. Now go out,” he said.
The defense opposed the request, but the panel ruled that certain parts of the proceedings would be closed to protect witness identities.
Prosecutors told the court that one witness’s son had been attacked, and another witness was beaten in neighboring Kenya, incidents they said were connected to the case.
They also said witnesses’ names had been circulated on social media, creating “an atmosphere of fear and intimidation” that could discourage testimony.
The prosecution’s application, first filed on Nov. 10, 2025, requested restrictions on public and media access, redaction of witnesses’ names from court records, and measures to prevent the dissemination of information that could endanger witnesses or their families.
Prosecutors cited Section 181 of the Criminal Procedure Act 2008 and the Transitional Constitution that allow courts to limit public hearings in exceptional circumstances to protect security, witnesses, or the integrity of judicial proceedings.
Defense lawyers argued that South Sudan’s Constitution guarantees open and public trials and that the prosecution had not provided sufficient legal grounds for closing the court. They warned that broad restrictions could violate the accused’s right to a fair trial.
The court acknowledged the seriousness of witness intimidation but emphasized that criminal trials generally must be conducted in open court. Judges said protective measures must be necessary, proportionate, and applied on a case-by-case basis, rather than through a blanket ban.
The court gave no indication of how long the closed-door sessions would last.
Machar and his co-accused face charges including murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity.
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.