On Monday, a special court in South Sudan decided to exclude the public and media from the proceedings in the trial of suspended First Vice President Riek Machar and his seven co-defendants.

The judges justified this step by emphasizing the necessity to safeguard the safety of prosecution witnesses.

Out of the total 16 prosecution witnesses—all serving members of the South Sudan People’s Defense Forces (SSPDF)—six had already provided their testimony in open court without any special protections in place.

Under the court’s ruling for Monday’s hearing, access to the courtroom was restricted solely to the judges, prosecutors, defense counsel, and the accused individuals themselves.

The panel of judges further directed that the names and any contact information of the witnesses must remain confidential, pointing to serious risks to their security.

This determination came after the prosecution raised concerns, including reports that certain witnesses had encountered threats and intimidation from individuals connected to the accused.

Judge Stephen Simon, part of the three-judge bench, explained that these precautions were essential for witness protection.

He stated during the 37th session, held at Freedom Hall in Juba: “The court therefore decides that the proceedings for some witnesses will take place in-camera, excluding the public and the media.”

He went on to warn that any publication or disclosure of details capable of identifying witnesses or putting them or their families in danger would be forbidden.

“Violation of this directive will constitute an offense and be addressed under the applicable law,” Simon added.

Presiding Judge James Alala Deng ordered security personnel to remove members of the public and journalists from the courtroom.

He declared: “The public, including media representatives, will be excluded. Witness names must not be published, and their identities must remain undisclosed. Everyone out now.”

Although the defense team contested the prosecution’s application, the judges determined that specific segments of the trial needed to be held behind closed doors to shield witness identities.

Prosecutors informed the court that one witness’s son had suffered an assault, while another witness was physically attacked in neighboring Kenya—events they linked directly to the ongoing case.

They further noted that witness identities had been shared widely on social media, fostering a climate of fear and pressure that might deter individuals from coming forward to testify.

The prosecution’s formal request, originally submitted on November 10, 2025, sought limits on public and media attendance, the removal of witnesses’ names from accessible court documents, and safeguards against the spread of any information that could jeopardize witnesses or their relatives.

In support of their position, prosecutors referenced Section 181 of the Criminal Procedure Act 2008 and provisions in the Transitional Constitution, which permit courts to restrict open hearings in exceptional situations to ensure witness safety, national security, or the fairness of the judicial process.

Defense counsel countered by highlighting that South Sudan’s Constitution upholds the principle of public and transparent trials. They contended that the prosecution failed to present compelling justification for closing the courtroom and cautioned that overly restrictive measures could infringe on the defendants’ entitlement to a fair hearing.

While recognizing the gravity of the reported intimidation, the judges stressed that criminal proceedings should ordinarily remain open to the public.

They insisted that any protective steps must be justified, balanced, and tailored to individual circumstances rather than imposed universally.

The court did not specify the expected duration of these in-camera portions of the trial.

Riek Machar and the other accused face a range of serious allegations, such as murder, conspiracy, terrorism, treason, destruction of public property, and crimes against humanity.

According to the prosecution, forces from the SPLA-IO, in collaboration with the White Army militia, were responsible for killing 257 SSPDF soldiers—including Commander Gen. David Majur Dak—and for damaging or capturing military assets estimated at around $58 million in an assault on the Nasir garrison in March 2025.