Court Bans NSS Undergarment Searches in Machar Trial

South Sudan’s special court has directed the National Security Service (NSS) to immediately cease the practice of forcibly removing detainees’ undergarments during searches, ruling the procedure degrading and a violation of constitutional rights to dignity and privacy.

The order was issued during the 52nd session at Freedom Hall in Juba on Monday, following a February 2, 2026, petition by defense lawyers for suspended First Vice President Dr. Riek Machar and seven co-accused.

The petition accused security operatives of subjecting the accused to humiliating treatment, including undergarment removal, bans on wearing suits, intrusive searches, and confiscation of personal notebooks.

Judge Stephen Simon, a member of the three-judge panel, declared: “Taking off the undergarments of the accused persons is prohibited as it infringes on their rights.”

The judge further ordered NSS to return the accused’s notebooks to allow note-taking during court proceedings.

While affirming that searches upon entering and leaving the courtroom are lawful, he stressed they must be conducted in a dignified and respectful manner.

“The accused persons while in custody are expected to abide by rules and regulations,” Judge Simon added.

Chol Mawel