Continuing judicial harassment of 16 pro-democracy activists

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour urgent intervention in the following situation in Angola.

New information:

The Observatory has been informed by reliable sources about the continuingjudicial harassment of 16 pro-democracy activists, namely Messrs. HenriqueLuaty Beirão, Manuel Nito Alves, Nuno Alvaro Dala, Nelson Mendes Dos Santos, Alfonso Jojo Matias, Sedrick de Carvalho, FernandoAntónio Tómas, Hitler Chiconda,Italiano Arante Kivuvu,Benedito Dali, AlbanoBingobingo, José Gomes Hata and Inocénio De Brito, Ms. RosaKusso Conde, Ms. Laurinda Manuel Gouveia as well as Mr. Domingosda Cruz, journalist, and Mr. Osvaldo Correia Caholo, a reservemilitary officer acquainted to one of the 16.

According to the information received, on January 25, 2016, the LuandaProvincial Tribunal postponed to February 8, 2016 the hearing in the trialagainst the 17 above-mentioned persons. The Court is still due to hear morethan 50 declarants[1].Fifteen of the accused have been on house arrest since December 18, 2015, afternearly six months of detention[2].

The 17 are accused of “crime of preparatory acts to practice rebellion”(Article 21) and “plotting against the President and other sovereigninstitutions” (Article 53) for participating in meetings to discuss humanrights violations and governance concerns in Angola. In addition to the chargesindicated above, Mr. Osvaldo Correia Caholo is also being charged with“misappropriation of documents” (Article 424 of the Penal Code), Mr. ManuelNito Alves with “illegal alteration of his name/identity” (Article 234) and Mr.Henrique Luaty Beirão with three crimes of falsification of documents (Article216).

The Observatory stronglycondemns the continued judicial harassment of the 16 pro-democracy activiststogether with Osvaldo Correia Caholo, since it seems to result from theirpeaceful human rights activities. It calls upon the Angola authorities toimmediately lift the house arrest measure against them and drop all chargesagainst them.

Background information:

OnJune 20, 2015, thirteen 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.

Onthe same day, following their arrest, the Director General of the CriminalInvestigative Service issued a statement saying that they are being accused of“preparing acts aimed at disrupting public order and security in the country”.It was later reported that they are being charged with “rebellion”, “attemptedcoup d’Etat” and “crimes against national security”.

Furthermore,on June 21, 2015, Mr. Domingos da Cruz was also arrested. Mr. da Cruz wasinitially supposed to take part in the meeting as a speaker, but he finally didnot attend the meeting.

OnJune 24, Mr. Osvaldo Caholo, a reserve military personnel and universityprofessor, was arrested after the police found photos of him during a searchconducted in the residence of one of the thirteen youth activists.

On June 30, 2015, Captain MuhondoZenóbio Lázaro was subsequently arrested on the grounds of his allegedlinks with Mr. Osvaldo Caholo (they were classmate). To date, no furtherinformation is available on the situation of Captain Zenóbio Lázaro.

Mostof the young people arrested and detained are pro-democracy activists (exceptlieutenant Osvaldo Caholo and ZenóbioLázaro) who have been organizing peaceful protests against the36-year-regime of Angolan President Eduardo Dos Santos since 2011. Theseprotests were often shut down after only five minutes and protesters weresometimes arrested and tortured.

Itwas also reported that the authorities threatened the mothers of the youngprisoners who were getting mobilised. The ruling MPLA party has indeedprevented any kind of mobilisation organised by supporters asking for theirrelease; and a peaceful demonstration by relatives of the prisoners that wasorganised in Luanda on August 8, 2015 was met with attacks and was violentlyrepressed by the security forces on the ground.

On September 16, 2015, the office of the Prosecutor confirmed the chargesof “crime of preparatory acts to practice rebellion” and “plotting against thePresident and other sovereign institutions” against the 14 pro-democracyactivists arrested in June 2015. Both provisions are in reference of Article 28of the Law 23/10 of December 3, 2010 on Crimes against Security of the State.In addition to the charges indicated above, Mr. Osvaldo Correia Caholo was alsocharged with “misappropriation of documents”, Mr. Manuel Nito Alves with“illegal alteration of his name/identity” and Mr. Henrique LuatyBeirão with three crimes of falsification of documents. Moreover, Ms. RosaKusso Conde and Ms. Laurinda Manuel Gouveia, two regular attendees of the bookclub meetings, were also charged on similar accusations but were not detained.

Although the PublicMinistry formally signed the accusations on September 16, 2015, it was only onSeptember 30 that the defence lawyers andfamilies of the detainees were informed of the charges, following a pressconference organised by the latter.

On November 16, 2015, thetrial of the seventeen finally opened before the Luanda Provincial Tribunal[3].

Several of the accused were subjected to acts ofill-treatment and violence during their arrest and detention. Some of them outof despair or to alert the general public on their ordeal, attempted suicide orparticipated to hunger strikes. The last incident concerned Mr. Sedrick deCarvalho who on December 15, 2015, attempted suicide. He was fortunatelyrescued by the prison guards. A few days earlier, in an open letter, he hadthreatened to commit suicide in protest against his 176 days of unlawfuldetention. He added that, during his six months in detention, he had spent more than 2,000 hours straight in solitaryconfinement without being able to see daylight. On December 14, 2015, eight outof the 15 were on hunger strike, which they ended upon their release on December 18[4].

On December 15, 2015, theLuanda Provincial Tribunal approved the request of the Public Prosecutor toplace the pro-democracy activists under house arrest as of December 18.

Actions requested:

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

i. Guarantee in all circumstances the physical and psychologicalintegrity of Messrs. Henrique LuatyBeirão, ManuelNito Alves, NunoAlvaro Dala, NelsonMendes Dos Santos, AlfonsoJojo Matias, Sedrickde Carvalho, Fernando António Tómas, HitlerChiconda, Italiano Arante Kivuvu,Benedito Dali, Albano Bingobingo, José Gomes Hata,Inocénio De Brito, Domingos da Cruz as well as Ms. Rosa Kusso Conde and Ms. Laurinda Manuel Gouveia as well as allthose unduly associated with the above-mentioned case and all human rights defenders inAngola;

ii. Put an end to all acts of harassment, including at the judiciallevel, against the sixteen activists and all those unduly associated with theabove-mentioned case and all human rights defenders in Angola;

iii. Drop immediately and unconditionally all charges against the sixteenactivists and all those unduly associated with the above-mentioned case, asthey only seem to be aimed at sanctioning their legitimate human rightsactivities;

iv. Lift the house arrest measure on the sixteen activists and, moregenerally, release all human rights defenders detained in Angola;

v. Comply with all the provisions of the United Nations Declaration onHuman Rights Defenders, in particular with:

- Its Article 1, which provides that “everyone has the right,individually and in association with others, to promote and to strive for theprotection and realization of human rights and fundamental freedoms at thenational and international levels”;

- Its Article 6(c), which foresees that “everyone has the right, tostudy, discuss, form and hold opinions on the observance, both in law and inpractice, of all human rights and fundamental freedoms and, through these andother appropriate means, to draw public attention to those matters”;

- Its Article 12.2, which provides that “the State shall take allnecessary measures to ensure the protection by the competent authorities of everyone,individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

vi. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Angola.

Addresses:

· Mr. Ângelo de Barros Veiga Tavares, Ministerof Interior, Avenida 4 de Fevereiro n.º 106, Luanda República de Angola ; Tel:+244 222 390 423

· Mr. Rui Jorge Carneiro Mangueira, Minister ofJustice and Human Rights, Rua 17 de Setembro, Cidade Alta, Luanda República deAngola, Fax: +244 222 370 150/ 222 370 366

·H.E. Mr. Apolinário Jorge Correia, Ambassador, Permanent Mission ofAngola to the United Nations Office in Geneva, Rue de Lausanne 45-47 CH-1201Geneva, Switzerland, Fax: +41 22 732 30 72, E-mail: contact@mission-angola.ch

· H.E. Elizabeth Simbrão, Ambassador,Embassy of Angola in Brussels, Rue Franz Merjay 182 1050 Brussels, Belgium,Tel: +32 23461872; Fax: +32 23440894, E-mail: angola.embassy.brussels@skynet.be

Please also write to the diplomatic mission or embassy of Angola in yourrespective country.

[1] The Court is hearing 50 peoplelisted on a Facebook list on a “national salvation government”.

[2] The remaining two, Ms. Rosa Kusso Conde and Ms. Laurinda Manuel Gouveia, were not detained.

[3] Formore information on the trial see Observatory dossier describing and analysingthe proceedings: “Why the “Angola 15”trial is a parody of justice?”.

[4] See Observatory Press Release of December 16, 2015.