Source: Human Rights Watch
President Obama Should Press President Obiang to Cease Abuses
(Washington, DC) – President Barack Obama and other leaders scheduled to meet with President Teodoro Obiang Nguema Mbasogo of Equatorial Guinea
next week should denounce torture, corruption, and other serious human
rights abuses in the country, EG Justice and Human Rights Watch said
today. Obiang will participate in Obama’s US-Africa Leaders Summit in Washington, DC, from August 4 to 6, 2014.
Human Rights Watch issued a report with details about three current or recent examples of serious human rights abuses in Equatorial Guinea.
“President Obiang is trying to shed his image as the head of a corrupt and abusive government,” said Lisa Misol,
senior business and human rights researcher at Human Rights Watch.
“Instead of giving him propaganda opportunities, President Obama should
press for an end to torture, corruption, and other abuses that are rife
in Equatorial Guinea.”
Obiang, long dogged by controversy, is the guest of honor at an invitation-only dinner on August 7 hosted by the Corporate Council on Africa, which will also co-sponsor an “Equatorial Guinea Economic Forum” on August 8.
Obiang, who has ruled since August 3, 1979, has held power longer than
any other African head of state or any non-monarch in the world. His
government’s harsh repression
of political opponents, independent organizations, and the media, along
with its high levels of corruption, has given him a poor international
reputation.
Equatorial Guinea is one of the largest oil-producing countries in
Sub-Saharan Africa and has a small population, making it the wealthiest
country on the continent in per capita terms. Corruption and skewed
government priorities help explain why a tiny elite close to the
president has been able to enrich itself from the country’s natural
resources while socio-economic conditions for most of the population are
worse than in many African countries with far fewer resources.
The US State Department, in its most recent human rights report,
identifies the most serious human rights abuses in the country as
“disregard for the rule of law and due process, including police use of
torture and excessive force; denial of freedom of speech, press,
assembly, and association; and widespread official corruption.”
In one case Human Rights Watch cited, Roberto Berardi,
an Italian businessman, has been unjustly imprisoned for over 18 months
in an apparent attempt to protect Obiang’s eldest son, Teodoro
(“Teodorín”) Nguema Obiang Mangue, the country’s second vice president
for defense and security, from disclosures about his alleged corruption.
Berardi has been tortured and denied medical care, the group said.
He was arrested in January 2013 and later tried and sentenced to more
than two years in prison, in what his lawyer said was an effort to
prevent him from providing testimony to the US Justice Department and
other foreign investigators about Teodorín’s alleged corruption.
Teodorín is joint owner with Berardi of a construction company in
Equatorial Guinea.
Agustín Esono Nsogo, a teacher who was imprisoned
without charge for over a year, until February 2014, was tortured on
three occasions by being hung by his hands and feet and severely beaten
to the point of losing his hearing in one ear, his lawyer told Human
Rights Watch.
Cipriano Nguema Mba, a former military officer who was granted refugee
status in Belgium in 2013, was abducted while visiting Nigeria in late
2013 and illegally returned to Equatorial Guinea, where he was secretly
held by government authorities and tortured. He remains in custody and
reportedly was transferred
to solitary confinement on July 26, 2014. This is the second time
Nguema was kidnapped from exile abroad. His lawyer told Human Rights
Watch that he has not been able to visit him.
The Obiang government has repeatedly denied that torture takes place in
the country. In 2013, when Equatorial Guinea was up for review before
the UN Committee on Economic, Social, and Cultural Rights, the
delegation from the country highlighted “the absence of torture in the country's prisons and the care given to inmates.” President Obiang has also declared that “there is no torture” in Equatorial Guinea.
In a February 2014 submission to the United Nations Human Rights
Council, his government stated that it has a firm policy “not to
tolerate the practice of torture or arbitrary detention, on penalty of
drastic coercive measures.”
Obiang exercises inordinate control over the judiciary, which lacks
independence. Lawyers have reported that judges say they need to consult
with the office of the president regarding their decisions in sensitive
cases. The president is designated the country’s “chief magistrate.”
Among other powers, he chairs the body that oversees judges and appoints
the body’s other members.
Judicial processes are used to intimidate or punish those perceived as disloyal to those in power. For example, Florentino Manguire,
another former business associate of Teodorín, spent over two years in
prison on unsubstantiated theft charges filed by Teodorín, who was then
forestry minister. Manguire received a presidential pardon in June 2012.
In August 2012, he was again arbitrarily arrested and held for 10 days,
then released without charge after a stern warning not to reveal
information about Teodorín.
Obama invited all African leaders “in good standing with the United
States and the African Union” to attend the US-Africa Leaders Summit.
For Obiang’s government, the designation that his government is “in good
standing,” together with the opportunity to participate alongside Obama
and other heads of state in the summit, represents a major diplomatic
and public relations achievement.
Obiang has hired public relations firms, made sizable donations to
international organizations, traveled widely to visit leaders in other
countries, and built lavish conference facilities to host international events that draw prominent figures to Equatorial Guinea in order to improve his image.
“It is shocking that President Obiang gets the red-carpet treatment in
Washington while his perceived opponents in Equatorial Guinea are thrown
in prison to be flogged,” said Tutu Alicante, the Equatoguinean lawyer
who founded EG Justice from
exile. “We hope President Obama tells President Obiang loud and clear to
end false imprisonment, torture, and oil-fueled corruption.”
Torture in Equatorial Guinea
Due process rights are routinely flouted in Equatorial Guinea and
prisoner mistreatment remains common. Many detainees are held
indefinitely, some in secret detention, without knowing the charges
against them. Lawyers and others who have visited prisons and jails
indicate that serious abuses continue, including beatings in detention
that amount to torture.
The Tortured Teacher
Agustín Esono Nsogo, a teacher who established and directs a private
school in Bata, was released under international pressure in February
2014 after more than a year in prison. He was arrested without warrant
at his home on October 17, 2012, then transferred to Black Beach prison
in Malabo and held without charge or trial.
His lawyer, Fabián Nsue Nguema, told Human Rights Watch that Esono was
held there incommunicado for at least a week, and was tortured in an
effort to get him to confess to an alleged plot to destabilize the
country. Nsue said that guards tied Esono’s hands and feet and suspended
him from above “like an animal,” then severely beat him with batons.
Most of the blows were on his wrists and feet, the lawyer said, but his
client was also beaten on the head and lost hearing in one ear as a
result. He was denied medical attention. Nsue said the beatings happened
three times and, at the time of his release, Esono had visible marks of
torture on his wrists.
As reported by Amnesty International,
Esono is the nephew of a co-founder of the Unión Popular (Peoples’
Union) political opposition party. His uncle died in 1993 as a result of
torture in police custody.
Nsue, his lawyer, was himself a victim of an enforced disappearance
after he tried to visit Esono in prison. Nsue was illegally arrested and
kept in secret and incommunicado detention for several days, then,
under international pressure, released without charge eight days later.
The Kidnapped Colonel
Former army colonel Cipriano Nguema Mba has been held in Malabo since
December 23, 2013, when he was allegedly abducted from Nigeria and
illegally repatriated to Equatorial Guinea. For months thereafter, the
government of Equatorial Guinea declined to reveal his whereabouts,
leading to speculation he had been killed.
This was the second time Nguema was forcibly disappeared: in 2008 he was
illegally arrested in Cameroon, where he had been recognized as a
refugee, and put in incommunicado detention
in Equatorial Guinea. Nguema had been convicted in absentia in a secret
2005 military trial of approximately 70 people that did not meet
international fair trial standards, and in which those detained credibly
alleged torture. He was sentenced to 30 years in prison for allegedly
plotting a coup and embezzling government funds.
He escaped from prison in October 2010, and eventually settled with his
family in Belgium, where he had been granted political asylum.
In each case, the authorities have belatedly acknowledged holding him
and have claimed he was discovered inside the country and imprisoned to
serve an earlier sentence.
At least three other people arrested with him in December 2013, and a
fourth person arrested separately, also remain in custody, all without
charge or trial. These include a Spanish citizen, Ticiano Obama Ncogo,
and Timoteo Asumu, Mercedes Obono Nkoni, and another unidentified woman,
according to media reports.
On June 3, 2014, five others arrested in December 2013, Florencio Ela
Bibang, Antimo Edu Nchama, Felipe Obama Ondo Nchama, Feliciano Ela
Monsuy, and Acacio Mañe Nguema, were released.
Lawyers for some of those arrested told Human Rights Watch that their
clients had told them that the former colonel has been tortured in
custody.
The ‘Personal Prisoner’ of President’s Son
Human Rights Watch conducted independent research on the case of Roberto
Berardi. Information from confidential sources and interviews with his
family and lawyer indicate that Berardi has been unjustly imprisoned and
that he has been subjected to torture and other serious mistreatment in
detention, in violation of Equatorial Guinea’s international human
rights obligations.
He has been severely beaten and flogged by guards, held for lengthy
periods in solitary confinement in inhumane conditions, and repeatedly
denied medical treatment and access to his lawyer or diplomatic
representatives, Human Rights Watch said.
The only times Berardi has been authorized to leave his isolation cell
since December 2013 were during two brief hospital stays in early July
that were granted under international pressure when he was thought to be near death.
His lawyer, Ponciano Mbomio Nvó,
said that Berardi was arrested soon after he asked his business
partner, President Obiang’s eldest son, Teodoro (“Teodorín”) Nguema
Obiang Mangue, about a US Justice Department civil complaint alleging in
part that he had used their company, Eloba Construcción, to launder the
proceeds of alleged corruption.
The US government complaint asserts that Teodorín used an Eloba account
to funnel nearly US$1 million into the US. One wire transfer, for
$872,112, paid for Teodorín’s purchase at auction of Michael Jackson
memorabilia, including “a white, crystal-covered ‘Bad Tour’ glove.”
The Eloba transactions appear among Justice Department descriptions of
ostentatious purchases by Teodorín worth more than $300 million from
2000 to 2011, allegedly paid for with illicitly obtained funds,
including a fleet of luxury cars, art by master painters, and mansions
on four continents.
Teodorín is reportedly close to finalizing a settlement with the Justice Department. He is also the focus of a major corruption investigation in France.
Teodorín has repeatedly denied allegations of corruption and
money-laundering through his lawyers. Obiang and his government also
strongly defend Teodorín against the allegations. In addition, they
contend that Teodorín has immunity because of the high-level posts
granted by his father.
Berardi’s lawyer said that Berardi was unfamiliar with Teodorín’s
reputation when he agreed to form a partnership. They met when Teodorín
admired a building that Berardi built in Cameroon, he said. For their
new venture, in which Teodorín was 60 percent owner, Berardi moved to
Equatorial Guinea and brought capital and equipment. Teodorín did not
contribute any capital but instead offered to guarantee security and
facilitate contracts.
Berardi was responsible for administering the company and became
concerned that some contracts Teodorín arranged went unpaid. When
Berardi learned of the allegations by the US Justice Department that
funds were diverted from an Eloba account, he confronted Teodorín.
The conversation became heated, the lawyer said, and Berardi heavily
criticized his partner’s business practices. The lawyer believes
Teordorín had Berardi jailed to prevent him from revealing information
that could be used in foreign corruption and money-laundering cases
against Teodorín. He believes Teordorín’s case against Berardi is also
designed to allow him to take full ownership of the company they share.
Berardi was arbitrarily arrested on the night of January 18, 2013, at
his home in Bata, according to his lawyer. He was taken to the Bata
police station, without warrant or explanation. He was kept in
incommunicado detention there for 21 days, where he was beaten.
On February 11, 2013, Berardi was transferred to house arrest, where he
was kept under guard until February 27. On that day he learned that
Teodorín had accused him of theft and was taken to Bata prison.
Berardi was charged, tried, and convicted of theft of company property
and fraud, following an unfair trial at which, Berardi’s lawyer said,
his accuser did not appear in court and no evidence was presented. On
August 26, he was sentenced to 2 years and 4 months in prison.
Berardi has been kept in solitary confinement for lengthy periods. In
mid-December 2013, he was transferred from a cell shared with seven
other prisoners to solitary confinement. Other than for the two brief
hospital stays, Berardi has not been permitted outside his isolation
cell ever since, the lawyer said. Once a day, guards open the door to
his cell to provide food and water.
Lengthy periods of solitary confinement are considered a form of torture under international law.
The authorities have frequently prevented Berardi from receiving
consular visits. Despite numerous requests, Berardi spent 10 months in
Bata prison before he was permitted his first visit from an Italian
embassy representative, on December 13, 2013, the lawyer said. Several
guards were present during the interview. The lawyer thinks he was
transferred to solitary confinement in retaliation for seeking the
Italian embassy’s support. He also saw embassy representatives in prison
in March and June 2014, again in the presence of security officials and
after repeated requests, as well as in July while hospitalized.
Berardi was denied access to a lawyer for nearly a year. Mbomio met his
client for the first time on July 10, 2014, during Berardi’s 3-day stay
at La Paz hospital in Bata. The last time Berardi met with his previous
lawyer was in August 2013.
Mbomio, a prominent Equatoguinean lawyer with experience handling
sensitive cases, took over representation of Berardi once he regained
his legal license. The license had been suspended for two years in retaliation for criticizing the government when defending an imprisoned opposition figure.
Berardi has not been allowed personal visits in prison at least since
December 2013. He was able to see friends while at La Paz hospital but
he was soon returned to solitary confinement.
It is well known that torture takes place in Equatorial Guinea’s
detention facilities, and recordings made inside in Bata prison in 2014
were smuggled out and are available online. Human Rights Watch has
spoken with a lawyer familiar with the recordings who verified their
origin.
One recording, from June 21, features five-and-a-half minutes of cries,
screams, and the loud sound of beating, followed by commentary in which
the speaker says, “This is what we hear every day, the torture sessions
from morning till evening and at night.”
The lawyer told Human Rights Watch: “There is no doubt that torture is
taking place. It is even done openly. The recordings … confirm for once
and for all that torture continues in Equatorial Guinea.”
In the Berardi case, his lawyer, Ponciano Mbomio Nvó,
and family provided Human Rights Watch with compelling evidence that he
has been tortured. Human Right Watch was able to verify some of this
information independently.
They said he had been subjected to violence in the Bata police station
after he was initially arrested and experienced much worse abuse in Bata
prison. Berardi’s lawyer said he was tortured on June 12, 2013, in July
2013, and on January 31, 2014, by being held down by guards and flogged
with a whip. On numerous other occasions, the lawyer said, he was
severely beaten with a baton. Berardi also told Mbomio that the guards
threatened him with death.
Beradi’s family provided photos,
showing lash marks across his back from one of these episodes. Mbomio
told Human Rights Watch that he observed numerous scars on Berardi’s
back and hands consistent with his descriptions of torture. Mbomio also
said he had interviewed his client about one episode and verified his
client’s testimony by separately interviewing a second person who had
been present at the time.
Mbomio said the isolation and the mistreatment had taken a mental toll on his client.
The lawyer told Human Rights Watch that prison conditions for Berardi,
as with other inmates in Equatorial Guinea, were very poor.
Berardi is given little to eat, and the food is of very poor quality. He
told his lawyer he receives no food at all on weekends or major
holidays. Berardi has lost considerable weight in detention, visible in before and after photos issued by his family.
His family said his long incarceration was a source of great emotional
strain and had “ruined them financially.” They have sought to assist him
through a Facebook page created to advocate for his release and raise money for his legal fees.
They also published photos
of his cramped prison cell. Temperatures in his cell regularly reach
104 degrees Fahrenheit (40 degrees Celsius), his lawyer said. Provisions
for sanitation and ventilation are inadequate. He added that because it
lacks any protection from mosquitos, Berardi has contracted malaria
several times.
The description by Berardi’s family and lawyer is consistent with the
detention conditions of an Equatoguinean political prisoner, Dr. Wenceslao Mansogo Alo,
who was held in Bata prison from February to June 2012 and spent
several weeks in solitary confinement. During that time, Dr. Mansogo was
kept in a locked prison cell, had no contact with other prisoners, and
was not permitted to leave the cell for fresh air or exercise. His small prison cell
had only a tiny window insufficient to allow natural light or adequate
ventilation from the extreme tropical heat. The hygiene was extremely
poor.
The most recent US State Department human rights report
on Equatorial Guinea, for 2013, states that, “[c]onditions in the
country’s three prisons, 12 detention centers, and numerous police
station jails were harsh and life threatening.… There were no statistics
on the prevalence of deaths in prisons or detention centers … Diseases,
including malaria and HIV/AIDS, were serious problems. The government
provided sporadic medical care to a limited number of prisoners and
detainees. … Provisions for sanitation, ventilation, lighting, and
access to potable water were inadequate.”
Until his medical examination on June 30, 2014, and brief
hospitalizations in early July 2014, Berardi had been denied medical
attention for over a year. Despite repeated requests for treatment for
malaria and other illnesses, his lawyer said, his only prior medical
visit took place in June 2013.
He was frequently ill from malaria and dysentery, developed a severe
cough, and had high fevers, the lawyer said. Other Bata inmates
reportedly have died from lack of medical treatment, including a man
whose death from malaria was reported to have occurred on July 13, 2014.
In June 2014, Berardi’s family and lawyer became gravely concerned by
his rapidly deteriorating health, including a persistent high fever and
severe cough. They feared he could die in prison if he did not get
immediate medical attention. Following international pressure, Berardi
was able to receive a medical visit in prison on June 30.
The resulting medical report, seen by Human Rights Watch, states that
Berardi developed a number of conditions including emphysema and acute
bronchitis. The doctor prescribed antibiotics but Berardi’s lawyer told
Human Rights Watch that prison authorities did not allow him to obtain
them, apparently without explanation.
Following international pressure,
Berardi was briefly permitted to go to Bata central hospital on July 2.
He was returned to prison the following day, and his medicine was
confiscated.
On July 8, after further international pressure, he was allowed to go to
the better-equipped La Paz hospital in Bata. The July 12 medical
report, seen by Human Rights Watch, confirmed the earlier diagnosis of
bronchitis. Berardi was told, his lawyer said, that his high fevers had
been the result of a particularly bad case of malaria.
The medical report adds that he entered the hospital with fever, cough,
diarrhea, as well as lesions on his face and leg from a skin infection,
but that most of the symptoms had improved. The doctor cleared him to be
discharged but recommended a “convalescence of three weeks.” Instead,
Beradi was sent back to prison that same day and put in solitary
confinement, where once again prison authorities confiscated his
medicine.
Following international attention to Berardi’s case and concerns about his health and safety, President Obiang publicly promised
in April to promptly release him on humanitarian grounds. The
announcement followed a meeting with the Vice President of the European
Commission, Antonio Tajani.
The pardon has not materialized, however. Expectations were high that
the president would issue it on his birthday in early June. Obiang also
favors another date for prisoner pardons: August 3, the anniversary of
the coup that brought him to power. This year he is expected to be
traveling to Washington on the anniversary, since the US-Africa Leaders
Summit opens the next day.