Politics.co.uk, UK
June 7 2005
Amnesty International UK – Equatorial Guinea: Trial of alleged coup
plotters unfair
Tue, 07 Jun 2005
EQUATORIAL GUINEA: NEW REPORT SHOWS TRIAL OF ALLEGED ‘MERCENARY COUP
PLOTTERS’ UNFAIR
As six Armenians convicted of taking part in an alleged coup attempt
in Equatorial Guinea last year await release after a pardon issued by
the country’s President, Amnesty International said today that the
arrest, trial and detention of the group of alleged “mercenaries” was
unfair and full of flagrant human rights violations.
In a report released today, ‘Equatorial Guinea – A trial with too
many flaws’, Amnesty International exposes in detail the series of
human rights violations seen throughout the uncovering and
prosecution of the alleged coup plot against Equatorial Guinea’s
President Obiang Nguema (which several UK businessmen, including Mark
Thatcher, are alleged to have financed). The report’s findings are
based on the three month monitoring of the trial by Amnesty
International delegates.
Kolawole Olaniyan, Director of Amnesty International’s Africa
Programme, said: “Everyone, including those accused of “mercenary
activity” has the right to a fair trial and to have his or her rights
protected – including the right to be presumed innocent until proven
guilty, and not to be subjected to torture or other cruel and
degrading treatment. These rights were flagrantly violated in this
case.
“No evidence was presented in court to support the charges against
the accused, and the court repeatedly ignored allegations that
defendants had been tortured while under interrogation in order to
extract confessions.
“The court often appeared more interested in gathering information to
further a separate civil case being brought by the Equatorial Guinean
government against several British businessmen it accused of
financing the alleged coup than in securing justice.”
Amongst other recommendations in the report, Amnesty International is
calling on the government to ensure an immediate and fair hearing of
the appeal lodged by defence lawyers, and to ensure that all
allegations of torture and other human rights violations are promptly
and thoroughly investigated and that suspected perpetrators are
brought to justice.
Torture allegations include the case of Gerhard Eugen Merz, a German
national arrested on 8 March 2004, who died about ten days after his
arrest. Several South African defendants stated in court that he had
died in front of them, after having been subjected to severe torture,
including lighter-burns on his back and feet.
Background
Since President Obiang Nguema came to power in 1979, Amnesty
International has documented over a dozen allegations of coup
attempts. The announcement of a foiled coup plot is typically
followed by a wave of arrests accompanied by torture and unfair
trials. The authorities seldom produce evidence in court to
substantiate the charges, often based on confessions extracted from
the accused under torture. Until recently such cases have gone
largely unnoticed by the international community.
In 2004 there were at least three alleged coup attempts, which led to
the arrest of about 200 people. Most of those arrested continue to be
held without charge or trial; many of them are seen to be contenders
for power and as such a threat to President Obiang Nguema’s rule.
In the first week of December 2004 four men and one woman were tried
by a military court and convicted of treason, “terrorism” and
espionage. They were sentenced to prison terms ranging from 22 to 26
years. Reports indicate that the five were severely tortured and the
woman raped by several members of the security forces.
The report is available at: