Sentencing and arbitrary detention of 16 pro-democracy activists

Newinformation:

TheObservatory has been informed by reliable sources about the sentencing and arbitrarydetention of 16pro-democracy activists, namely Messrs. Henrique Luaty Beirão, Nuno Alvaro Dala, Nelson Dibango Mendes Dos Santos, Alfonso Joao Matias (“M'banza Hamza”),Sedrick de Carvalho, FernandoAntónio Tómas, Hitler Chiconda(“Samussuku”), Italiano Arante Kivuvu, Benedito Jeremias (“Dito Dali”),Albano Evaristo Bingobingo,José Gomes Hata, Inocêncio De Brito, Manuel Nito Alves and Ms. RosaKusso Conde, Ms. Laurinda Manuel Gouveia, journalist Mr. Domingosda Cruz as well as Mr. Osvaldo Correia Caholo, a reserve military officeracquainted to one of the 16.

Accordingto the information received, on March 28, 2016, the Luanda Provincial Tribunalsentenced the 16 pro-democracy activists to jail terms ranging from two yearsand three months to eight years and six months for the alleged crimes of“preparatory acts of rebellion” (Article 21 of the Criminal Code) and“association of criminals” (Article 263), among other charges.

Mr.Domingos da Cruz was sentenced to eight-and-a-half years' imprisonment for thecrimes of “preparatory acts of rebellion” and “association of criminals”. Jeremias Benedito, Nuno Álvaro Dala, Sedrick de Carvalho, Manuel NitoAlves, Inocêncio de Brito, Laurinda Manuel Gouveia, Fernando António Tomás,Mbamza Hamza, Italiano Arante Kivuvu, Albano Evaristo Bingobingo, NelsonDibango Mendes Dos Santos, Hitler Chiconda and José Gomes Hata were allsentenced to four years and six months in prison for the same crimes. Rosa Kusso Conde and Benedito Jeremias, who are considered as primaryoffenders, were sentenced to two years and six months in prison. Mr. HenriqueLuaty Beirão, who was convicted of “falsifying documents” (Article 216),alongside the above-mentioned crimes, was sentenced to five years and sixmonths in prison. Mr. Osvaldo Correia Caholo was also sentenced to four yearsand six months in prison. Besides, Mr. Caholo is also expected to be tried by amilitary court on charges of “theft of documents” (Article 424). Furthermore, all of them must pay a fine of 50,000 Kwanzas(approximately 277 EUR) to the court.

The 16 were sent todifferent prison facilities. Both the prosecution and defence lawyers statedthat they would appeal the verdict and sentences before the Supreme Court. Theyhave eight days to file the appeal. Mr. Osvaldo Correia Caholo was also sentback to prison.

The Observatory notesthat the trial was marred with irregularities. During the closing arguments, onMarch 21, 2016, the Prosecutor altered the charge sheet, dropping the charge of“plotting against the President and other sovereign institutions”, andincluding the new indictment of “association of criminals”, punishable with amore severe sentence. This new charge was therefore not subjected to analysisby the defendants' lawyers. Therefore, the defendants could not exercise theirright of defence regarding this new charge, in violation of the right to a fairtrial.

The Observatory alsohighlights that the appeal process may take years before a verdict is reached.

Finally, theObservatory notes that the 16 should not have been detained, as the appealshould suspend sentences in accordance with Article 658 of Criminal ProcedureCode.

The Observatory strongly condemns the sentencing andarbitrary detention of the 16 human rights defenders together with OsvaldoCorreia Caholo, which appear to be solely motivated by their peaceful andlegitimate action in the defence of human rights.

Moreover, the Observatory calls upon the Angola authoritiesto review the verdict and sentences and immediately and unconditionally releasethe 16 human rights defenders together with Osvaldo Correia Caholo.

Backgroundinformation:

On June 20,2015, 13 pro-democracy activists were arrestedby the police while participating in a book club meeting to discuss humanrights violations and governance concerns in Angola. The police carried outsearches without warrants and seized IT hardware from homes of some of thepeople they suspected of taking part in the meeting.

On the sameday, following their arrest, the Director General of the Criminal InvestigativeService issued a statement saying that they are being accused of “preparingacts aimed at disrupting public order and security in the country”. It waslater reported that they are being charged with “rebellion”, “attempted coupd’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.

On June 24,Mr. Osvaldo Caholo, a reserve military personnel and university professor, wasarrested after the police found photos of him during a search conducted in theresidence of one of the thirteen youth activists.

OnJune 30, 2015, CaptainMuhondo Zenóbio Lázarowas subsequentlyarrested on the grounds of his alleged links with Mr. Osvaldo Caholo (they wereclassmates). To date, no further information is available on the situation ofCaptain Zenóbio Lázaro.

Most of theyoung 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.

It was alsoreported that the authorities threatened the mothers of the young prisoners whowere getting mobilised. The ruling MPLA party has indeed prevented any kind ofmobilisation organised by supporters asking for their release; and a peacefuldemonstration by relatives of the prisoners that was organised in Luanda onAugust 8, 2015 was met with attacks and was violently repressed by the securityforces on the ground.

OnSeptember 16, 2015, the Prosecutor’s Office confirmed the charges of “crime ofpreparatory acts to practice rebellion” and “plotting against the President andother sovereign institutions” against the 14 pro-democracy activists arrestedin June 2015. Both provisions are in reference of Article 28 of the Law 23/10of December 3, 2010 on Crimes against Security of the State. In addition to thecharges indicated above, Mr. Osvaldo Correia Caholo was also charged with“misappropriation of documents”, Mr. Manuel Nito Alves with “illegal alterationof his name/identity” and Mr. Henrique Luaty Beirão with three crimes of falsification ofdocuments. Moreover, Ms. Rosa Kusso Conde and Ms. Laurinda Manuel Gouveia, tworegular attendees of the book club meetings, were also charged on similaraccusations but were not detained.

Although the Public Ministry formally signed theaccusations on September 16, 2015, it was only on September 30 that the defencelawyers and families of the detainees were informed of the charges, following apress conference organised by the latter.

It is only on October 8, 2015, that the 16 were formallyinformed of their indictment, when the maximum period for pre-trial prison, 90days according to Angolan law, had already expired.

On November 16, 2015, the trial of the seventeen finallyopened before the Luanda Provincial Tribunal[1].

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 morethan 2,000 hours straight in solitary confinement without being able to see daylight.On December 14, 2015, eight out of the 15 were on hunger strike, which theyended upon their release on December 18[2].

On December 15, 2015, the Luanda Provincial Tribunalapproved the request of the Public Prosecutor to place the pro-democracy activistsunder house arrest as of December 18.

On January 25, 2016, the Luanda Provincial Tribunalpostponed to February 8, 2016 the hearing in the trial against the 17above-mentioned persons. The Court was still due to hear more than 50declarants[3].

On February 8, 2016, the trial resumed until February 10,when it was again postponed until February 23, 2016. At that time,approximately 46 were scheduled to be heard by the court.

Moreover, on February 8, 2016, the Luanda ProvincialTribunal sentenced Mr. Manuel Nito Alves to six months of imprisonment and topay a fine of AKZ 50,000 (approx. 284 Euros) for contempt of Court (disturbingthe order of the Court) during the trial of the 16 pro-democracy activists. Mr.Manuel Nito Alves was allegedly heard to have called the trial “a farce” whenhis father, Mr. Fernando Baptista, was being interrogated by the Counsel forthe public prosecutor's. Mr. Alves was silenced then accused by the presidingjudge Januário Domingos of “interjecting disrespectfully” and “offending anddisrespecting the court”, before being taken away by the authorities. He wastried summarily and he was incarcerated at the Viana prison outside of Luanda.

On February 19, 2016 the Luanda Provincial Tribunalrenewed the house arrest measure against the fifteen until April 19, 2016,dismissing the request of the activists' lawyer to release them.

OnFebruary 23, 2016, the hearing of the merits resumed.

Actionsrequested:

Pleasewrite to the authorities in Angola, urging them to:

i.Guarantee in all circumstances the physical and psychological integrity of Messrs. Henrique Luaty Beirão, Manuel Nito Alves,Nuno Alvaro Dala,Nelson Mendes DosSantos, Alfonso Jojo Matias, Sedrick de Carvalho, Fernando AntónioTómas, 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 all those unduly associated with theabove-mentioned case andall human rights defenders in Angola;

ii.Immediately and unconditionally release the 16 pro-democracy activists bydropping all trumped-up charges against them and, more generally, 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, againstthe 16 activists and all those associated with the above-mentioned case and allhuman rights defenders in Angola;

iv.Comply with all the provisions of the United Nations Declaration on HumanRights Defenders, in particular with:

-Its Article 1, which provides that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”;

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

-Its Article 12.2, which provides that “the State shall take all necessarymeasures 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”;

vii.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by Angola.

Addresses:

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

· Mr.Rui Jorge Carneiro Mangueira, Minister of Justice and Human Rights, Rua 17 deSetembro, Cidade Alta, Luanda República de Angola, 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 Merjay182 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] For more information on the trial see Observatorydossier describing and analysing the proceedings: "Why the Angola 15 trial is a parody of justice?"

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

[3] The Court is hearing 50 people listed on a Facebook list on a “nationalsalvation government”. ​