EG 'preparing extradition'
2004-07-19 12:40
Johannesburg - Equatorial Guinea is preparing an extradition request for 69 alleged mercenaries to be sent to that country for trial, the Constitutional Court was told on Monday.
The court was hearing arguments why it should intervene in the trial of the group which is facing various charges. They are currently being held in a prison in Zimbabwe.
Advocate Francois Joubert argued before Chief Justice Arthur Chaskalson and nine colleagues that they had the power under the South Africa's Bill of Rights to help the 69 men.
Joubert told the court the men faced charges of conspiring to murder the president of Equatorial Guinea and overthrowing his government.
"Our clients dread the prospect of ending up in Equatorial Guinea," Joubert said.
"This country is in a position to apply for extradition," Joubert told the court, arguing that such a measure would prevent Zimbabwe from handing over the men for trial to Malabo where they could face the death penalty.
"If it emerges that they are extradited to Equatorial Guinea, they will be at substantial risk of facing execution," said Joubert.
Repeated questions
Joubert faced repeated questions from the judges as to where he thought they got the power to intervene on behalf of the men by asking that they be extradited to South Africa to face charges under the Regulation of Foreign Military Assistance Act, or to seek assurances that the men would not be extradited to Equatorial Guinea or face the death penalty if extradited there.
The appeal to the Constitutional Court came just two days before the 70 men go on trial in Harare.
The 70 men, all carrying South African passports, were arrested on March 7 at Harare airport where their plane had stopped off to pick up weapons from Zimbabwe's state arms manufacturer.
The suspected mercenaries deny the coup plotting charges and contend they were en route to guard a diamond mine in the Democratic Republic of Congo. -Sapa/AFP
- SAPA