Why This is All So Very Wrong
The ongoing judicial proceedings in Juba against Dr. Riek Machar constitute neither a legitimate trial nor a credible application of the rule of law. They represent a politically orchestrated process designed and controlled by the Executive, with the predetermined objective of silencing opposition and consolidating power.
1. Predetermination of Outcome
Available evidence indicates that the outcome of the proceedings has been decided in advance by President Salva Kiir and his close circle. The alignment of state prosecutors, judicial officers, and state-controlled media demonstrates that the process is not impartial, but a staged exercise to create the outward appearance of legality.
2. Weaponization of the Justice System
The charges brought against Dr. Machar are fabricated and constructed in bad faith. Instead of applying the South Sudan Penal Code and due process standards as set out in the Transitional Constitution and the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), the judicial system has been weaponized as a tool of political repression.
3. Violation of National and International Legal Standards
The conduct of the trial violates South Sudan’s obligations under both domestic and international law, including:
The Transitional Constitution of the Republic of South Sudan (2011, as amended): guarantees fair trial rights and judicial independence.
The R-ARCSS (2018): commits all parties to reconciliation, political pluralism, and the depoliticization of state institutions, including the judiciary.
International Covenant on Civil and Political Rights (ICCPR): to which South Sudan is a State Party, guaranteeing the right to equality before the law, a fair hearing by an independent tribunal, and protection against arbitrary prosecution.
4. Implications for Peace and Reconciliation
This judicial charade threatens to further erode the fragile peace established under R-ARCSS. By undermining reconciliation and excluding one of the key stakeholders through politically motivated prosecution, the government destabilizes the entire peace process and places the country at renewed risk of conflict escalation.
5. A Travesty of Justice
What is presented as a legal proceeding is, in fact, a travesty of justice. It is a political performance with the sole purpose of deceiving international observers into believing that due process is being followed, when in reality the system is rigged, corrupt, and wholly compromised.
6. Call to Action
This situation demands urgent international scrutiny and intervention. We call upon:
Regional bodies (IGAD, AU, EAC): to investigate and publicly denounce violations of the R-ARCSS and judicial independence.
United Nations agencies and mechanisms: to monitor and report on breaches of fair trial rights, and to ensure accountability for politically motivated prosecutions.
The international legal community and human rights organizations: to mobilize independent legal defense mechanisms to prevent the miscarriage of justice currently unfolding in Juba.
Conclusion
Justice for Dr. Riek Machar is not solely about safeguarding the rights of one individual. It is about upholding the principles of due process, judicial independence, and reconciliation that are essential to South Sudan’s future stability. Failure to act decisively will entrench impunity, delegitimize the judiciary, and extinguish the prospect of lasting peace.
