'SA put Zim 70 in peril'

2004-05-25 18:39

Pretoria - Seventy men detained in Zimbabwe on suspicion of plotting a coup d'etat in Equatorial Guinea were placed in peril of the death penalty by the South African government, the Pretoria High Court heard on Tuesday.

The government put the men at risk by warning Zimbabwean authorities of their imminent arrival, argued David Unterhalter SC.

The men were arrested at Harare International Airport more than two months ago when they apparently landed to refuel and pick up military equipment.

Authorities claimed they were on their way to join 15 suspected mercenaries - among them eight South Africans - arrested in Equatorial Guinea for allegedly plotting to overthrow that country's leader Teodoro Obiang Nguema.

Unterhalter said that, because the South African government passed on the intelligence that caused the men's arrest, this brought an obligation on itself to try and protect the men's basic human rights - including their right to life.

'Passing on information carries obligations'

Unterhalter was arguing for the Society for the Abolition of the Death Penalty, which supported a bid by the men for a court order directing the government to do what it could to uphold their rights to a fair trial and not to be sentenced to death.

While the government could not compel Zimbabwe or Equatorial Guinea to uphold the prisoners' rights in terms of South African laws, it was duty-bound to seek assurances from the two countries that they would not sentence the men to death, he argued.

If it failed to do so, the society said in court papers, the South African government would be regarded as a participant in the imposition and execution of the death penalty.

Judge Ngoepe heard that the men faced a real risk of execution if delivered to Equatorial Guinea for trial.

François Joubert SC, appearing for the 70 men, said: "The prospects are that by the time the death sentence is imposed and one hears about it... it will be too late to effectively do anything."

The prisoners' extradition to that country appeared to be imminent, he added.

Equatorial Guinea has formally requested the men's transfer from Zimbabwe, the presidents of the two countries have met to discuss the matter, and allegations have been made that the prisoners would be exchanged for oil.

Joubert said there was speculation that extradition proceedings would commence immediately after the men appeared in an Harare court on Wednesday for a remand.

Listed an array of violations

The applicants claimed their constitutional rights were being infringed.

The South African government had a duty to protect the human rights of its citizens abroad and, therefore, was obliged to intervene, they contended.

Joubert listed an array of violations the men were alleged to be enduring in Zimbabwe's Chikurubi Prison, and also referred extensively to a history of alleged prisoner torture in Equatorial Guinea.

The government opposes the application.

- SAPA