Background

In March, when Equatorial Guinea’s report under the UN Universal Periodic Review was adopted by the UN Human Rights Council, the government rejected all recommendations related to the abolition of the death penalty and ratification of the Rome Statute of the International Criminal Court.

Also in March, the Extractive Industries Transparency Initiative (EITI), an international voluntary initiative seeking to promote transparency in oil, gas and mining, rejected Equatorial Guinea’s candidacy. The country had failed to comply with requirements, including participation in the EITI process by independent civil society groups and submission of an oil revenue report.

In June, President Obiang publicly pledged to improve human rights, expand press freedom, ensure judicial credibility and introduce transparency and accountability in the oil industry. None of these pledges was implemented by the end of the year.

In July, President Obiang decreed Portuguese as the country’s third official language to support its bid for full membership of the Community of Portuguese Speaking Countries (CPLP), but the CPLP postponed making a decision.

In August, the UN Working Group on the use of mercenaries visited the country at the invitation of the government. However, they were not allowed to visit prisons.

In October, UNESCO suspended indefinitely the awarding of the UNESCO-Obiang international prize for the Study of Life Sciences. The award had been postponed in March and in June following worldwide opposition by NGOs and individuals.

Arbitrary arrests and detentions

Despite repeated promises to improve respect for human rights, the authorities arbitrarily arrested and detained dozens of political opponents. Most were released without charge but some were still held at the end of the year.

• Marcos Manuel Ndong, a former prisoner of conscience and leading member of the opposition party, the Convergence for Social Democracy, was arbitrarily arrested in October. He had been summoned to Malabo Central Police Station by telephone and was arrested for possessing a confidential memorandum. He had been given the inter-ministerial memorandum and added it to his documents in support of an application to set up a savings bank. Apparently, under Equatorial Guinean law it is not illegal to possess a confidential document given by a third party. He was held at the police station for two weeks before being transferred to Malabo’s Black Beach prison where he remained until his release without charge or trial on 7 December. The Malabo Court of Investigation and First Instance ignored a writ of habeas corpus lodged by his wife on 14 October.

Unfair trials

In March, prisoners of conscience Marcelino Nguema and Santiago Asumu, both members of the opposition party People’s Union (UP), and seven Nigerian nationals were unfairly tried by the Malabo Appeal Court – a court of first instance. The eight men and one woman were charged with attempting to assassinate President Obiang, in connection with an alleged attack on the presidential palace in February 2009. Eight other UP members had the charges against them dropped at the start of the trial. In April, the court acquitted Marcelino Nguema and Santiago Asumu while convicting and sentencing the seven Nigerians to 12 years’ imprisonment each. The Nigerians, who were traders and fishermen, had been arrested at sea and were accused of taking part in the attack on the palace.

Despite being acquitted, Marcelino Nguema and Santiago Asumu remained in prison. In August they were tried again on the same charges by a military court which sentenced them to 20 years’ imprisonment. Four others tried with them were sentenced to death (see below). None of the six defendants was informed about their trial until they arrived in court. None of them was interviewed by a judge or formally charged. Instead they were interrogated by high-ranking security personnel who were also involved in their torture.

Death penalty

José Abeso Nsue and Manuel Ndong Anseme, both former military officers, Jacinto Michá Obiang, a border guard, and Alipio Ndong Asumu, a civilian, were executed in Malabo on 21 August, within an hour of being sentenced to death by a military court using summary proceedings. They were convicted of attempting to assassinate President Obiang, treason and terrorism. Their trial was unfair and no evidence was presented in court to substantiate the charges other than confessions extracted under torture. They had no access to a defence lawyer. Two military officers with no legal training were allocated to them minutes before the trial started. The speedy execution denied them their right to appeal against their conviction and seek clemency. They were also denied the right to say goodbye to their families. A week later, President Obiang justified the speedy executions saying that the men presented an imminent threat to his life.

The four had been abducted by Equatorial Guinean security officers in January from Benin, where they had lived as refugees for several years. They were taken to Black Beach prison where they were secretly held until their trial in August. The Equatorial Guinean authorities had refused to acknowledge their detention.

Torture and other ill-treatment

Soldiers and police officers tortured and ill-treated detainees and others with impunity, particularly in Bata, despite a law prohibiting torture. At least two people reportedly died as a result of torture. The four men abducted from Benin and later executed were repeatedly tortured during their detention.

• Manuel Napo Pelico died in July in Basakato de la Sagrada Familia, Bioko Island. Soldiers went to his house to arrest him for refusing to take part in the collective cleaning of the village. They reportedly hit him on the head with the butt of a gun, then dragged him to the military barracks where they left him unconscious and bleeding. When they realized he was dying, they took him back to his home where he died soon after. By the end of the year, his death had not been investigated and those responsible had not been brought to justice.

Prisoners of conscience – releases

Marcelino Nguema, Santiago Asumu and seven Nigerian nationals were released in October following a presidential pardon on the anniversary of independence. Five other prisoners of conscience serving long prison sentences for an alleged attack on Corisco Island in 2004 were released in August. The circumstances of their release were not clear.

Unlawful killings

Soldiers and police were reportedly responsible for unlawful killings.

• Luis Ondo Mozuy and a friend were arrested on 13 March in Bata’s Ncolombong neighbourhood. They had been involved in an argument with a group of youths who fled when a military patrol arrived. The two were taken to Bata police station. While his friend was put in a cell, Luis Ondo was taken out of the police station. A few hours later, soldiers took Luis Ondo’s body to the morgue at Bata hospital and forced the official on duty to accept it without following established procedures. There was no investigation into this incident during the year.

Freedom of expression – journalists

Press freedom remained severely restricted with most media outlets controlled by the state. Journalists who asserted their independence faced harassment, dismissal and arrest.

• Radio Bata journalist Pedro Luis Esono Edu was arrested without a warrant in February, immediately after he reported the discovery of seven bodies, presumed victims of human trafficking, in a rubbish tip in the outskirts of Bata. He was held at Bata police station for three days before being released without charge.
• In April, Samuel Obiang Mbani, correspondent of African Press Agency and Agence France-Presse in Equatorial Guinea, was arrested at Malabo airport. He was there to cover the arrival of heads of state from the Economic and Monetary Community of Central Africa. He was held at Malabo police station for five hours before being released.

Forced evictions

The government still did not provide compensation or alternative accommodation for the hundreds of families forcibly evicted from their homes in recent years. Residents of Bata remained at risk of being forcibly evicted from their homes to make way for urban development projects.