Press statement: Southern African human rights organisations call for end of solitary confinement of Thulani Maseko

It is with deep regret that Lawyers for Human Rights in South Africa and Swaziland have heard reports of human rights lawyer Thulani Maseko’s placement into solitary confinement while at Big Bend Prison in Swaziland.

Maseko was put into solitary confinement yesterday (19 March) for having written a letter to friends and colleagues that was subsequently made public, thanking them for their moral and financial support in the run up to and during the criminal trial. It has been reported that Maseko will remain in solitary confinement for an astounding 21 days.

Maseko was sentenced to two years imprisonment in July 2014 without the option of a fine following his conviction of contempt of court. Maseko and editor Bheki Makhubu were arrested after The Nation newspaper published articles penned by Maseko in which he raised concerns about judicial independence and integrity in Swaziland. The articles criticised the conduct of Chief Justice Michael Ramodibedi in another legal matter. Maseko’s conviction and sentence were criticised vigorously by civil society at the time on the grounds that it amounted to the persecution of activists voicing discontent with the judicial process. 

The international community has widely criticised the use of solitary confinement as a punitive measure when it should be used as a last-resort measure for safety and protection. Maseko has by no means displayed the type of conduct that would justify the imposition of solitary confinement.

We are also aware of the lack of basic conditions of humane imprisonment in solitary cells including a lack of proper ablution facilities, showers, clean drinking water and food. In our view, such conditions amount to inhumane and degrading treatment which is prohibited by section 18 of the Swaziland Constitution.

“The conditions of detention in which Thulani has been placed amount to disproportionate and cruel treatment and punishment in terms of Swaziland’s domestic legislation as well as international law,” said LHR’s national director Jacob van Garderen.

We call for Maseko’s immediate release from solitary confinement.