By Matik Kueth
On Monday, the special court overseeing the trial of suspended First Vice President Riek Machar and seven other co-accused SPLM/A-IO members barred the public and media from attending proceedings, citing concerns over the safety of prosecution witnesses.
During the 37th session at Hall in Juba, the court ruled that only judges, prosecutors, defense attorneys, and the accused would be permitted in the courtroom for portions of the hearing.
The decision follows reports that some witnesses had faced intimidation and threats linked to the case.
Stephen Simon, a member of the three-judge panel, emphasized the necessity of the measure.
The court also directed that the identities and contact information of witnesses remain confidential.
Presiding Judge James Alala Deng instructed police to escort members of the public and press out of the courtroom, warning that any violation of the order would constitute a legal offense.
The prosecution highlighted several incidents of intimidation, including attacks on witnesses’ family members.
They reported that one witness’s son had been assaulted, while another witness was beaten in neighboring Kenya.
Additionally, names of witnesses had reportedly circulated on social media, creating an environment of fear that could discourage testimony.
The court’s decision followed a prosecution request first filed on November 10, 2025, which sought restrictions on public and media access, the redaction of witnesses’ names from court documents, and other measures aimed at safeguarding witnesses and their families.
Citing provisions of the Code of Criminal Procedure and the Transitional Constitution, prosecutors argued that courts may limit public hearings in exceptional circumstances to preserve security and the integrity of judicial proceedings.
Defense lawyers opposed the application, arguing that South Sudan’s Constitution guarantees open and public trials.
They warned that overly broad restrictions could undermine the accused’s right to a fair trial.
While the judges acknowledged these concerns, they stressed that protective measures must be necessary, proportionate, and applied on a case-by-case basis rather than through blanket bans.
The special court did not indicate how long the closed-door sessions would continue.
Proceedings are scheduled to resume on Wednesday, with further testimony expected from protected witnesses.