Ongoing arbitrary detention and judicial harassment of Mr. Nsé Ramón Esono Ebalé (aka Jamón y Queso)

Equatorial Guinea

December 22, 2017

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

Newinformation:

The Observatory has beeninformed by reliable sources about the ongoing arbitrary detention and judicialharassment of Mr. Nsé Ramón Esono Ebalé (aka Jamón y Queso), cartoonist andblogger[1]. Mr. Esono Ebalé publisheda graphic novel entitled “Obi’snightmare”[2]in which he depicts President Teodoro Obiang Nguema Mbasogo spending a dayliving as an ordinary Guinean citizen and suffering the consequences of theregime he himself has created. The cartoons especially criticise the lack ofaccess to electricity, healthcare, education and the restriction to freedom ofexpression in the country.

Accordingto the information received, on December 7, 2017, Mr. Esono Ebalé was notifiedthat he would have to appear before the Malabo Court on that same day. Mr.Esono Ebalé’s father called the lawyers to inform them. As the judicial yearhad ended on November 30, 2017, two of the lawyers were out of town and couldnot attend the hearing.

Duringthe hearing, Mr. Esono Ebalé was formally charged with “engaging incounterfeit” of 1,000,000 Francs CFAs (approx. 1,525 Euros) under Article 283of the Criminal Code and Article 384 of the Law on Criminal Procedure.

Additionally,during the hearing, the judge confirmed Mr. Esono Ebalé’s detention pendingtrial and ordered him to pay a 20,000,000 Francs CFAs (approx. 30,490 Euros) assurety for any future liabilities. The judge also ordered the seizure of all assetsowned by Mr. Esono Ebalé in the country.

Procedurally,the case will now be assigned to a trial judge although no actions are expecteduntil the beginning of the judicial year between January and February 2018.

The Observatory recalls that Mr. Esono Ebalé has been arbitrarily detained at BlackBeach prison since September 20, 2017, after his arrest on September 16, 2017(see background information).

TheObservatory denounces the ongoing arbitrary detention and judicial harassmentof Mr. Esono Ebalé, which appear to be a retaliation of his legitimate human rights activities, and constitutesa clear breach of his freedom of expression.

TheObservatory denounces the violations of Mr. Esono Ebalé’s right to a fair trialand calls on the Equatoguinean authorities to immediately and unconditionallyrelease him and guarantee his safety and physical and psychological integrity.

Background information:

OnSeptember 16, 2017, at around 7:00 pm, Mr. Esono Ebalé and two Spanishnationals were arrested by state security guards when leaving a restaurant inMalabo. They were taken for questioning at the Office of Counter-Terrorism andDangerous Activities at the Malabo Central Police Station.

Thetwo Spanish nationals were released that same day. Mr. Esono Ebalé wasquestioned about his drawings of President Obiang, and about a number of cartoons which the police calleddefamatory.

OnSeptember 19, 2017, the national television announced that Mr. Esono Ebalé had beenarrested and accused by the police of money laundering and currencycounterfeiting, crimes that can carry a 40-year prison sentence.

OnSeptember 20, 2017 a judge ordered the provisional detention of Mr. Esono Ebaléand his transfer to Black Beach prison where he is still being held.

Actionsrequested:

Please write to theauthorities of Equatorial Guinea urging them to:

i. Immediately and unconditionally release Mr. Esono Ebalé and all human rightsdefenders arbitrarily detained in Equatorial Guinea;

ii. Put an end to all forms ofharassment, including at the judicial level, against Mr. Esono Ebalé, as wellas all human rights defenders in Equatorial Guinea;

iii. In the meantime, guarantee Mr.Esono Ebalé’s right to a fair trial;

iv. Guarantee in all circumstances the physical andpsychological integrity of Mr. EsonoEbalé, as well as all human rights defenders in Equatorial Guinea;

v. Comply with the provisions of theUnited Nations Declaration on Human Rights Defenders adopted by the UN GeneralAssembly on December 9, 1998, in particular Articles 1 and 12.2;

vi. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with international human rights standards and instruments ratifiedby Equatorial Guinea.

Addresses:

· Mr. TeodoroObiang Nguema Mbasogo, President of the Republic of Equatorial Guinea;

· Mr. TeodoroNguema Obiang Mangue, Vice President of the Republic, in charge of nationaldefence and state security;

· Mr. AlfonsoNsue Mokuy, Vice Prime Minister in charge of Human Rights; Tel + 240 222 134407

· Mr. ClementeEngonga Nguema, Minister of the Interior and Local Corporations, Fax: +240 33309 2683/ 2688/ 3406

· Mrs.Evangelina Filomena Oyo Ebule, Minister of Justice, Religious Affairs andPenitentiary Institutions;

· Mr. DavidNguema Obiang, Chief Prosecutor, Fax: +240 333 09 1338/ 4961

· Mr. MarcelinoNguema Onguene, Ombudsman ; Tel +240 222 275 979

· PermanentMission of the Republic of Equatorial Guinea to the United Nations in Geneva,Chemin de La Voie-Creuse 3c, 1202 Geneva, Switzerland, Fax: +41 22 734 39 60,Email: mision.guineacuatorial_gva@yahoo.com

· H.E. CarmeloNvono-Nca, Ambassador, Embassy of the Republic of Equatorial Guinea in Belgium,G. van Arezzoplein 6, 1180 Brussels, Belgium; Fax: (+32) 2 346 33 09, Email: guineaecuatorial.brux@skynet.be

Please also write to the diplomatic representations ofEquatorial Guinea in your respective country.

***

Paris-Geneva, December 22, 2017

Kindly inform us of anyaction undertaken, quoting the code of this appeal in your reply.

The Observatory for the Protection ofHuman Rights Defenders (the Observatory) was created in 1997 by FIDH and OMCTThe objective of this programme is to intervene to prevent or remedy situationsof repression against human rights defenders. FIDH and OMCT are both members ofProtectDefenders.eu, the European Union Human Rights Defenders Mechanismimplemented by international civil society.

To contact theObservatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and faxFIDH: +33 (0)1 43 55 25 18 / 01 43 55 18 80

· Tel and faxOMCT: +41 22 809 49 39 / 41 22 809 49 29

[1] Mr Esono Ebalé created the blog Locos TV on which he published a dailycaricature of an Equato-Guinean politician, until the authorities closed theblog in 2014.

[2] LaPesadilla de Obi, 2015, https://pubhtml5.com/owts/ndmk