Press statement: Lawyers for Human Rights alarmed by irregular arrests and detentions in Swaziland

Lawyers for Human Rights (LHR) is alarmed by the irregular arrest and detention of prominent Swazi human rights lawyer Thulani Maseko and editor-in-chief of The Nation magazine, Bhekithemba Makhubu and call on Swazi authorities to provide them immediate access to their lawyers.

The men were arrested and detained on Monday (18 March 2014) after The Nation published two articles by Maseko in February and March this year, in which he raised concerns about judicial independence and integrity in Swaziland. They have both been charged with criminal contempt of court.

The article criticised the conduct of Chief Justice Michael Ramodibedi in another legal matter. We have been informed that not only did Justice Ramodibedi insist on the irregular legal proceedings but instructed police to deny them access to their legal counsel ahead of the hearing. They were brought before Justice Ramodibedi in his chambers instead of a court – a highly irregular practice in Swazi law.

Maseko, an activist with Lawyers for Human Rights Swaziland, has also faced repressive charges under Swaziland’s Sedition and Subversive Activities Act brought against him in 2009, for which he has never been brought to trial. 

LHR is disturbed that the men were not only refused access to their legal representatives but were also detained irregularly at the Sidwashini Remand Prison in Mbabane.  Their right to be tried in an open court, a basic tenant of fair criminal proceedings, has also been violated.
 
Justice Ramodibedi is involved in impeachment proceedings relating to allegations of abuse of office in Lesotho.

This situation reflects an ongoing trend of violating the rights of those who defend human rights in our region. We further call on the Swaziland authorities to permit them access to their lawyers and ensure that the processes follow the precepts of Swazi and international law.