eSwatini urged to disclose whereabouts of US deportees

Amnesty International has urged the eSwatini authorities to immediately disclose the whereabouts and legal status of five men who had been deported from the US, reports the Jurist. The organisation also requested disclosure on why one of the men, Orville Etoria, was held in detention without charge for more than two months before being safely repatriated to his home country of Jamaica. The remaining four men are Roberto Mosquera Del Peral, Kassim Saleh Wasil, Dung Tien Nguyen and Phone Chomsavanh. Lawyers representing them have reported delays to court proceedings and obstacles to confidential legal access. Amnesty International requested full and confidential legal access to these individuals and that eSwatini ensure that their human rights are respected under international law. Article 13 of the International Covenant on Civil and Political Rights requires the expulsion of non-citizens to occur under lawful conditions, including notice, representation, and a fair hearing. Additionally, Article 14 ensures the right to a fair trial and access to legal counsel. Tigere Chagutah, Amnesty International’s regional director for East and Southern Africa, said: ‘The safe arrival of Mr Etoria to Jamaica, cannot be an excuse for silence about what happened to him while he was held without charge and without full and confidential access to lawyers. eSwatini authorities must account for the legal basis of his detention, ensure access to justice and effective remedies, and immediately clarify the status and whereabouts of the four other men transferred in July. This comes just months after eSwatini authorities were declared ‘prisoners of conscience’ by Amnesty International amid a deepening crackdown on dissent. The rights organisation also urged the country in July to guarantee access to justice for opposition MP Bacede Mabuza.