By Yiep Joseph
The suspended First Vice President, Dr. Riek Machar Teny, has challenged the lifting of his immunity as well as the recently investigations.
Dr. Machar stated his stand during the sixth session of the trial on the Nasir incident on Friday.
During the session, Dr. Machar was listed as accused number five, whose statement was read by the investigator.
However, when given the opportunity by the judge to confirm whether the statement read by the investigator was his, Dr. Machar responded in protest, citing that his immunity was not lifted.
He admitted to having submitted his statement to the investigators but protested the lifting of his immunity as stated in one of the prosecution documents.
“I said I am the first vice president. I have immunity, and then I told them (investigators), “I will give you a statement, but I don’t accept to be investigated by you,” Dr. Machar said.
The suspended First Vice President objected to the legitimacy of the committee investigating the Nasir incident, reiterating his defense lawyer’s concern that the case be handle by the peace monitors.
Proceeding with his complaint in the court, Dr. Machar added the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM) has the mandate to investigate the Nasir incident, not the committee.
“I did not recognize the committee because I had two reasons. One reason is that incidents of violation of the peace agreement are always investigated by CTSAMVM. It is an international structure. South Sudanese are also there with their parties. They investigate such incidents like that of Nasir,” he said.
He expressed that violations are investigated by the peace monitors, not by the committee, as applied in his case.
Meanwhile, the judge ordered Dr. Machar to stop his protest and instead present it later when his time for cross-examination comes.
“I think you will stop there; you will explain them when you are given your chance for cross-examination. What we want is to see whether this state is what you gave and if there are observations,” the judge said.
The investigator stated Dr. Machar’s statement was taken on April 14, 2025, after he was placed under house arrest on March 26, 2025, on the orders.
However, in the previous session, the special court made a major ruling on the defense objections, including the competence of the current court to investigate Dr. Machar.
The court pronounced in the previous rulings that the constitution grants immunity only to the president of the Republic of South Sudan. It also ruled that they had the jurisdiction to handle Dr. Machar’s case.
The Presiding Judge of the Special Court, Dr. James Alala Deng, declared that the Court has the legal mandate to prosecute First Vice President Dr. Riek Machar and his seven co-accused on charges including treason and crimes against humanity linked to the Nasir clashes of 25 March 2025.
Dr. Machar and seven others face charges including murder, conspiracy, terrorism, financing of terrorist acts, treason, destruction of public property and military assets, and crimes against humanity.
In September, the government filed six charges, including treason and murder, against Dr. Machar and seven others in connection with the March 2025 Nasir incident.
Dr. Joseph Geng Akec, Minister of Justice and Constitutional Affairs, announced in a press briefing that the government’s investigative committee has concluded its probe and filed charges against Dr. Machar and his allies.
The charges include murder, conspiracy and common intention, terrorism and financing terrorist acts, treason and acts against state authority, destruction of public property and military assets, and crimes against humanity.
“The accused persons have been informed of the charges against them and their constitutional rights, including the right to a fair trial and legal representation of their choice,” Geng said.
The accused, including Dr. Riek Machar, Mr. Puot Kang Choi, Lt. Gen. Gabriel Duop Lam, Mr. Mam Pal Dhuor, Mr. Gatwich Lam Puoch, Brig. Gen. Camilo Gatmai Kel, Mr. Mading Riek Yak, and Mr. Dominic Gatrgok Riek of the Sudan People’s Liberation Movement/Army–In Opposition (SPLM/A-IO), are alleged to have coordinated with the White Army in attacks on the Nasir barracks from 3 to 7 March 2025.