By Benjamin Takpiny
JUBA, South Sudan (AA) – The trial of South Sudan's main opposition leader, Sudan People's Liberation Movement-in Opposition (SPLM-IO), Riek Machar, and seven co-accused has been postponed until Tuesday.
The defense team, led by Geri Raimondo Legge, during Monday's hearing, questioned the competence of the Special Court in the capital, Juba, to try Machar and the others, citing the 2018 peace agreement, which now supersedes all laws in South Sudan.
The federal prosecution team rejected the defense arguments, saying the country's laws allow for the prosecution of anyone who has committed crimes against humanity. The prosecution will respond in writing on Tuesday.
The first court hearing has been adjourned at the request of the government prosecutors. Judge James Alala said the court allows the prosecution team to present their arguments in writing.
Machar was placed under house arrest by President Salva Kiir Mayardit in March, following deadly clashes between White Army rebels and government forces in Upper Nile state.
South Sudan gained independence from Sudan in 2011, but civil war broke out two years later.
The implementation of the 2018 peace agreement has been slow, and recent tensions have risen following deadly clashes between the White Army, a rebel group believed to be allied with Machar, and the South Sudan People's Defense Forces in Nasir County, in the northeastern state of Upper Nile.
The opposition leader, along with several other detained figures, is facing serious charges such as murder, treason, and crimes against humanity, the country's justice minister said earlier.
They are accused of various crimes, including conspiracy, financing terrorist activities, destroying public and military property, and inciting violence in Nasir County.
Under South Sudanese law, the accused could face severe penalties if found guilty of the alleged crimes. Murder, as defined in Section 206 of the Penal Code, carries a sentence of death or life imprisonment for anyone who intentionally or knowingly causes the death of another. Fines may also be imposed.
Treason, under Section 64 of the Penal Code Act of 2008, is punishable by death or life imprisonment.
Reech Malual, a lawyer and human rights advocate in South Sudan and managing partner at Akumric Legal, told Anadolu that the people of South Sudan have endured rebellions for over 50 years. With the establishment of a sovereign nation, it must be acknowledged that a system, including a judiciary, is in place.
"Trying Dr. Riek Machar before a competent court of law, for instance, is preferable to arbitrary detention without trial. The long and arduous history of conflict in South Sudan underscores the urgent need for established legitimate state institutions."
He added that after decades of struggle, the very existence of a sovereign nation necessitates adherence to established systems, with the judiciary playing a central role.
"Appreciating formal court proceedings, including the fundamental rights to a fair trial and litigation, signifies an acknowledgment that statehood entails a commitment to legal processes over arbitrary actions and against impunity,” he said.
“The scenario of Dr. Riek Machar, or any individual, facing trial before a competent court of law exemplifies this principle. Such a process, regardless of the outcome, affirms the state's dedication to due process and the rule of law," Malual added.
He said a fair trial necessitates compliance with principles of equality, non-discrimination, and an adversarial process, with the court justifying its decisions.
"This approach, while sometimes perceived as slow or imperfect, is indispensable for building a society where justice is served transparently and credibly, reducing the likelihood of grievances escalating into further conflict."