Release of Mr. Nsé Ramón Esono Ebalé

New information

GNQ 001 / 1017 / OBS 0113.3

Release

Equatorial Guinea

March 7, 2018

The Observatory forthe Protection of Human Rights Defenders, a partnership of FIDH and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour urgent intervention in the following situation in Equatorial Guinea.

New information:

The Observatory has been informed byreliable sources about the release of Mr. Nsé Ramón Esono Ebalé (aka Jamón y Queso), cartoonist and blogger[1][1]. Mr. Esono Ebalé published agraphic novel entitled “Obi’s nightmare”[2][2] in which he depicts PresidentTeodoro Obiang Nguema Mbasogo spending a day living as an ordinary Guineancitizen and suffering the consequences of the regime he himself has created.The cartoons especially criticise the lack of access to electricity, healthcare,education and the restriction to freedom of expression in the country.

According to the information received, on March 7,2018, Mr. Esono Ebalé was released from the Black Beach prison where he hadbeen arbitrarily detained since September 20, 2017, following his arrest onSeptember 16, 2017 (see background information). On February 27, 2018, theCourt of Malabo Province (Audiencia Provincial de Malabo) dropped all pendingcharges of “engaging in counterfeit” on the basis of Article 283 of the CriminalCode and Article 384 of the Law on Criminal Procedure against Mr. Esono Ebalé.

The Observatory welcomes the release of Mr. EsonoEbalé and the decision to drop all charges against him and thanks all thepersons, institutions and organisations who intervened in its favour.

However, the Observatory recalls that the judicial harassment against himwas a retaliation of his legitimate humanrights activities and constituted aclear breach of his freedom of expression. The Observatory deeply regrets thatMr. Esono Ebalé was arbitrarily detained for nearly 7 months and calls uponEquatoguinean authorities to refrain from using any forms of harassment againsthim in the future, including at the judicial level.

Background information:

On September 16, 2017, at around 7:00 pm, Mr. EsonoEbalé and two Spanish nationals were arrested by state security guards whenleaving a restaurant in Malabo. The security guards have reportedly beenwaiting for them for hours outside the restaurant. They were taken forquestioning at the Office of Counter-Terrorism and Dangerous Activities at theMalabo Central Police Station.

The two Spanish nationals were released on the sameday and reported that Mr. Esono Ebalé had been questioned about his drawings ofPresident Obiang, and about a numberof cartoons, which the police called defamatory. All the police questions wererelated to Ramon’s drawings of the President and government officials.

On September 19, 2017, the national televisionannounced that Mr. Esono Ebalé had been arrested and accused by the police ofmoney laundering and currency counterfeiting, crimes that can lead to a 40-yearprison sentence.

On September 20, 2017 a judge ordered the provisionaldetention of Mr. Esono Ebalé and his transfer to Black Beach prison.

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 his lawyers were out of town and couldnot attend the hearing.

During the hearing, Mr. Esono Ebalé was formallycharged with “engaging in counterfeit” of 1,000,000 Francs CFAs (approx. 1,525Euros) on the basis of Article 283 of the Criminal Code and Article 384 of theLaw on Criminal Procedure. Additionally, the judge confirmed Mr. Esono Ebalé’sdetention pending trial and ordered him to pay 20,000,000 Francs CFAs (approx.30,490 Euros) as surety for any future liabilities. The judge also ordered theseizure of all assets owned by Mr. Esono Ebalé in the country.

Actions requested:

Please write to the authorities ofEquatorial Guinea urging them to:

i. Put an end to all forms of harassment, including atthe judicial level, against Mr. Esono Ebalé, as well as all human rightsdefenders in Equatorial Guinea;

ii. Comply with the provisions of the United Nations Declaration on HumanRights Defenders adopted by the UN General Assembly on December 9, 1998, inparticular Articles 1 and 12.2;

iii. More generally, ensure in all circumstances the respect for human rightsand fundamental freedoms in accordance with international human rightsstandards and instruments ratified by Equatorial Guinea.

Addresses:

· Mr. Teodoro Obiang Nguema Mbasogo, President of the Republic ofEquatorial Guinea;

· Mr. Teodoro Nguema Obiang Mangue, Vice President of the Republic, incharge of national defence and state security;

· Mr. Alfonso Nsue Mokuy, Vice Prime Minister in charge of Human Rights;Tel + 240 222 134 407

· Mr. Clemente Engonga Nguema, Minister of the Interior and LocalCorporations, Fax: +240 333 09 2683/ 2688/ 3406

· Mr. Salvador Ondo Ncumu, Minister of Justice, Religious Affairs andPenitentiary Institutions;

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

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

· Permanent Mission of the Republic of Equatorial Guinea to the UnitedNations 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. Carmelo Nvono-Nca, Ambassador, Embassy of the Republic ofEquatorial 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 diplomaticrepresentations of Equatorial Guinea in your respective country.

***

Paris-Geneva, March 7,2018

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

The Observatory for the Protection of Human RightsDefenders (the Observatory) was created in 1997 by FIDH and OMCT The objectiveof this programme is to intervene to prevent or remedy situations of repressionagainst 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 fax FIDH: +33 (0)1 43 55 25 18 / 01 43 55 1880
• Tel and fax OMCT: +41 22 809 49 39 / 41 22 809 49 29

[1] Mr Esono Ebalécreated the blog Locos TV on which hepublished a daily caricature of an Equato-Guinean politician, until theauthorities closed the blog in 2014.

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