Conditional release and ongoing judicial harassment of 16 pro-democracy activists

AGO 001 / 0615 / OBS 053.4

Provisional release /

Judicial harassment

Angola

July 13, 2016

The Observatory for the Protection ofHuman Rights Defenders, a partnership of FIDH and the World Organisation AgainstTorture (OMCT), has received new information and requests your urgentintervention in the following situation in Angola.

New information:

The Observatory has been informed byreliable sources about the conditional release and ongoing judicial harassmentof 16 pro-democracy activists, namely Messrs.Henrique Luaty Beirão, Nuno Alvaro Dala, Nelson Dibango Mendes Dos Santos, Alfonso Joao Matias(“M'banza Hamza”), Sedrick deCarvalho, Fernando António Tómas, Hitler Chiconda (“Samussuku”), Italiano AranteKivuvu, Benedito Jeremias (“Dito Dali”), Albano Evaristo Bingobingo, José Gomes Hata, Inocêncio De Brito, Manuel NitoAlves and Ms. RosaKusso Conde, Ms. Laurinda Manuel Gouveia, journalist Mr. Domingos da Cruzas well as Mr. Osvaldo Correia Caholo, a reserve military officer acquainted toone of the 16.

According to the information received, on June29, 2016, the Supreme Court of Angola ordered the conditional release of the 16activists and Mr. Osvaldo Correia Caholo following the Supreme Court’s decisionon the habeas corpus. All were provisionally released the same day except Mr.Nito Alves, who was also serving a six-month jail term for contempt of Court. Thelatter was released on July 5, 2016 by the Constitutional Court. The Courtconsidered that his trial was violating some of his constitutional rights.

They are not allowed to leave the country and have to appear before the Luanda Provincial Court every month,

TheObservatory welcomes the release of the 16 activists and Mr. Osvaldo Correia Caholo butdeplores the continuing judicial harassment against them, which seems to merely aim at sanctioning theirhuman rights activities.

The Observatory callsupon the Angola authorities to putan end to any kind of harassment, including at the judicial level, against themas well as against all human rights defenders in Angola.

Until the charges are dropped againstthem, the Observatory further urges the Angolan authorities to ensure that alljudicial proceeding against them are carried out in full compliance with theirright to a fair trial, as protected under international law.

Background information:

On June 20, 2015, 13 pro-democracyactivists were arrested by the police while participating in a book clubmeeting to discuss human rights violations and governance concerns in Angola.The police carried out searches without warrants and seized IT hardware fromhomes of some of the people they suspected of taking part in the meeting.Others were arrested a few days later.

Most of the young people arrested and detained werepro-democracy activists (except lieutenant Osvaldo Caholo and Zenóbio Lázaro) who have been organisingpeaceful protests against the 36-year-regime of Angolan President Eduardo DosSantos since 2011. These protests were often shut down after only five minutesand protesters were sometimes arrested and tortured.

On November 16, 2015, the trial finally opened against 16 pro-democracy activists and Osvaldo Caholo before the Luanda Provincial Tribunal[1]. Several of the accused were subjected to acts of ill-treatment and violence during their arrest and detention. Some of them out of despair or to alert the general public on their ordeal, attempted suicide or participated to hunger strikes.

On March 28, 2016, the Luanda ProvincialTribunal sentenced the 16 pro-democracy activists and Osvaldo Caholo to jail terms ranging from two years and three months toeight years and six months for the alleged crimes of “preparatory acts ofrebellion” (Article 21 of the Criminal Code) and “association of criminals”(Article 263), among other charges.

On May 31, 2016, the WGAD released an opinionregarding the detention of the young rights activists[2]. They concluded that theirdetention was arbitrary as “these individuals were arrested and detained becauseof the exercise of their freedom of assembly, opinion and expression” and askedfor their immediate release.

Actions requested:

Please write to the authorities in Angola,urging them to:

i. Guarantee in all circumstances the physical andpsychological integrity of the 16 pro-democracy activists and Osvaldo Caholo;

ii. Immediately and unconditionally drop allcharges against the 16 pro-democracy activists and Osvaldo Caholo, release allhuman rights defenders detained in Angola, as these restrictive measures seemto merely sanction their human rights activities;

iii. Put an end to all acts of harassment,including at the judicial level, against the 16 activists and all thoseassociated with the above-mentioned case and all human rights defenders inAngola;

iv. Comply with all the provisions of theUnited Nations Declaration on Human Rights Defenders, in particular with itsArticles 1, 6(c) and 12.2;

v. Ensure in all circumstances respect forhuman rights and fundamental freedoms in accordance with international humanrights standards and international instruments ratified by Angola.

Addresses:

• Mr. Rui Jorge CarneiroMangueira, Minister of Justice and Human Rights of Angola, Fax: +244 222 370 150 /222 370 366 /+244 222 330 327, Email: rui.mangueira@minjus.gov.ao

• H.E. Mr. Apolinário JorgeCorreia, Ambassador, Permanent Mission of Angola to the United Nations Officein Geneva, Switzerland, Fax: +41 22 732 30 72, E-mail: contact@mission-angola.ch

• H.E. Elizabeth Simbrão, Ambassador,Embassy of Angola in Brussels, Belgium, Fax: +32 23440894, E-mail: angola.embassy.brussels@skynet.be

  Please also write to the diplomaticmission or embassy of Angola in your respective country.

  
  

[1] For more information on the trial seeObservatory dossier describing and analysing the proceedings: “Why the “Angola 15”trial is a parody of justice?”

[2] SeeUNWGAD Opinion No. 21/2016 (Angola), UN Document A/HRC/WGAD/2016, May 31,2016.