Home Affairs and ACSA deny detained Afghan national legal representation at OR Tambo International Airport

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Afghan national, Mohamed Khalid is being unlawfully detained in an unknown detention facility at the OR Tambo International Airport - in excess of 44 days. The man recently arrived on an Air France flight and has not been allowed to pass through immigration to enter South Africa. He is instead being detained in a private facility operated by Analytical Risk Management at the airport. For the past two weeks Lawyers for Human Rights (LHR) has been trying to get access to the detention facility to consult with him but both Home Affairs and ACSA have rejected LHR’s requests. LHR is concerned that Mr Khalid is being unlawfully detained in a secret facility that no-one is allowed to access, begging the question of the legality of its existence. LHR attorney Gina Snyman has on three occasions spoken telephonically to Mr Khalid whilst he has been in detention but has been refused access to see him by the authorities. In justifying their refusal to allow LHR lawyers access to the facility, Home Affairs insists that Mr Khalid is not being detained under their authority, or even in South Africa, as he has not formally been allowed to enter the country.

According to Snyman, “the Constitution clearly stipulates that everyone who is detained has the right to consult with a legal practitioner. This has been confirmed by the Constitutional Court, and applies to everyone in our territory even if they’re held at a port of entry. Home Affairs and ACSA’s refusal to allow our access to the detainee, particularly as he has requested it, is unlawful. Mr Khalid has an inherent right to access legal representation and to be treated with dignity. The Constitution prohibits extra-judicial detentions. Once someone has entered the territory of South Africa, they are protected by our laws and the Bill of Rights.”

The inconsistency in treatment of detainees is highlighted by the fact that US singer Puff Johnson, who was recently detained at OR Tambo airport, was visited by her legal representatives last week while detained at the same detention facility.

LHR will bring an urgent application to the South Gauteng High Court on 3 September 2010 at 14h00 seeking to compel Home Affairs and ACSA to give effect to Mr. Khalid’s right to access legal representation.