Special Court orders NSS to end “degrading” searches in Nasir trial

2026-02-16 - 18:19

JUBA, South Sudan (Eye Radio) – The Special Court has ordered the National Security Service (NSS) to immediately stop the alleged practice of forcibly removing detainees’ undergarments during searches, describing the act as degrading and a violation of constitutional rights. The ruling followed a petition filed by Dr. Machar’s defense lawyers, who accused security operatives of subjecting the accused to degrading treatment. These complaints included the removal of undergarments, bans on wearing suits, intrusive searches, and the confiscation of personal books. During the 52nd session held on Monday, February 16, at Freedom Hall in Juba, Judge Stephen Simon, a member of the panel, directed the NSS to adhere strictly to lawful detention procedures and respect the fundamental rights guaranteed under the law. “Taking off the undergarments of the accused persons is prohibited as it infringes on their rights,” Simon ruled. The judge also ordered security operatives to return the notebooks of the accused persons so they could take notes while in court. While he ruled that searches of the accused persons when entering and leaving the court are legal, he emphasized they must be conducted in a dignified manner. “The accused persons while in custody are expected to abide by rules and regulations,” he added. The court also reviewed a report from a South African digital forensic expert, Ratlhogo Peter Calvin, which included six attachments detailing requests for forensic support and mutual legal assistance between South Sudan and South Africa. However, the courtroom saw a sharp legal disagreement as the defence led by attorney Dr. Geri Raimondo Legge objected to a document involving a diplomatic bag, claiming the expert “lacks jurisdiction” and that the presented materials are “null and void.” On the Prosecution side, led by Ajo Ony’Ohisa, described the defense’s objection as “misplaced, premature, and misleading,” stating the documents are “original and not forged.” The trial concerns the March 2025 Nasir garrison attack, where prosecutors allege SPLA-IO forces killed 257 SSPDF soldiers and destroyed or seized equipment valued at about $58 million. Dr. Machar, 73, and seven co-accused—including Puot Kang Chuol, Mam Pal Dhuor, and Lt. Gen. Gabriel Duop Lam—face charges including murder, conspiracy, terrorism, treason, and crimes against humanity. The court adjourned the hearing to Friday, Feb. 20, 2026, when the defense team is expected to cross-examine the digital forensic expert.