A particular court docket in South Sudan has dominated that it does have the jurisdiction to prosecute suspended Vice-President Riek Machar and 7 co-accused, who’re charged with homicide, treason and crimes in opposition to humanity.
The court docket dismissed all objections by Machar’s authorized staff concerning its authority, the constitutionality of the proceedings, and the declare that he was immune from prosecution. The case will proceed on Wednesday.
Machar has dismissed the charges brought against him two weeks ago as a political “witch-hunt”. They’ve raised fears of return to civil warfare.
The fees stem from an assault in March by a militia allegedly linked to Machar, which killed 250 troopers and a common.
Since then, he has been underneath home arrest.
Machar’s defence staff had argued that the alleged crimes shouldn’t be tried by a nationwide court docket however by a hybrid court docket underneath the African Union, in accordance with the 2018 Peace Settlement that ended the five-year civil warfare between his forces and people loyal to President Salva Kiir.
The court docket nevertheless argued that it had the authority to strive nationwide offences, as a hybrid court docket had not but been established.
“The particular court docket enjoys jurisdiction to do this case based on the Transitional Structure 2011 as amended,” Presiding Choose James Alala dominated.
It additionally dismissed the argument by Machar’s staff that he had immunity from prosecution, including that the supply solely utilized to the president.
“The First Vice-President doesn’t have constitutional immunity, based on the transitional structure,” the decide dominated.
The court docket additionally expelled two of Machar’s legal professionals after the prosecution argued that they didn’t have legitimate licences.
The presiding decide dominated that the 2 may solely take part as soon as they’ve renewed their licences.
Machar’s lead lawyer Geri Raimondo Legge Lubati advised the court docket that his consumer and the co-accused had been “subjected to politicised media marketing campaign” by ministers and different senior officers.
“To the general public, this conduct quantities to illegal and prior conviction of our accused and a blatant violation of the constitutional assure of presumption of innocence… The accused is harmless till proved past cheap doubt,” he stated.
The fees have sparked fears of renewed battle within the nation, with the UN, African Union and neighbouring international locations all calling for calm on the planet’s latest nation, which solely gained independence from Sudan in 2011 following a long time of warfare.
