Eswatini’s authorities must disclose why Orville Etoria was held in detention without charge for more than two months, Amnesty International said today following his arrival in Jamaica.
Orville Etoria was one of five men who were deported from the United States to Eswatini on 16 July and held in arbitrary detention. A statement released by the Government of Eswatini on Sunday announcing Etoria’s repatriation failed to address the serious human rights violations he faced together with the four other men, who remain arbitrarily detained and without charge in Eswatini.
“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,” said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa.
“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.”
Eswatini officials previously indicated that the five men — from Jamaica, Cuba, Laos, Vietnam, and Yemen — deported by the United States would be repatriated to their countries of nationality.
The authorities must now disclose the whereabouts and legal status of the remaining four men and guarantee their human rights, in line with Eswatini’s international human rights obligations under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Eswatini is a state party.
Any facilitation of return by international organizations must meet Assisted Voluntary Return (AVR) standards. This requires documented, informed, and freely given consent, obtained while the person has confidential access to qualified legal counsel and interpreters, free of any coercion or inducement tied to release from detention, with robust data protection and no adverse consequences for declining AVR. AVR cannot be used to legitimize arbitrary detention.
“Return is only acceptable when it is truly voluntary and rights-compliant,” said Tigere Chagutah. “Authorities must guarantee unmonitored family contact and confidential access to lawyers, appropriate medical care, and protection from refoulement for anyone still detained.”
Background
Lawyers representing the five men reported obstacles to confidential legal access and delays to court proceedings. The African Commission on Human and Peoples’ Rights has urged transparency and protection in any migration accords between African Union member states and the United States.
For more details on their case, see here.
The post Eswatini: Repatriation of Jamaican national must be followed by justice for all US deportees appeared first on Amnesty International.