SOUTHERN AFRICA LITIGATION
CENTRE, AMNESTY
INTERNATIONAL, FRONT LINE DEFENDERS, LAWYERS FOR HUMAN RIGHTS, SADC LAWYERS’
ASSOCIATION AND INTERNATIONAL COMMISSION OF JURISTS
PRESS
RELEASE
15 September 2015
15 September 2015
Angola:
Conviction of Jose Marcos Mavungo a blatant violation of freedom of expression
The conviction and six-year prison
sentence imposed on human rights activist José
Marcos Mavungo is a travesty of justice and a blatant violation of the right to
freedom of expression, association and assembly in Angola, said six human
rights organizations today.
The
organizations, the South African Litigation Centre (SALC), Lawyers for Human
Rights, Front Line Defenders, the International Commission of Jurists (ICJ) and
Amnesty International are calling for his immediate and unconditional release.
Amnesty International considers him a prisoner of conscience.
“The
conviction of José Marcos Mavungo politically motivated and is the latest
example of suppression of freedom of expression and blatant disregard for human
rights in the country,” said Muluka Miti-Drummond, Regional
Advocacy Director at the Southern Africa Litigation Centre.
“It comes
days after the European Parliament’s resolution on Angola calling on the
authorities to immediately and unconditionally release all human rights
defenders, including José Marcos Mavungo, and to drop all charges against them.”
José Marcos Mavungo’s conviction yesterday
appears to be based on his involvement in organizing a peaceful demonstration
and his alleged association with a group of unknown men said to have
been found with explosives and flyers a day before the demonstration. No
evidence of José Marcos Mavungo’s relationship with these men or of his
involvement in the production of the flyers was presented during the trial.
According
to Francisco Luemba, José Marcos Mavungo’s lawyer, the judge stated that he was
guilty because the pamphlets “only appeared in Cabinda at a time when José
Marcos Mavungo was organizing to assemble the masses to rebel against the
authorities”.
“It is
hard to imagine how the court could have found any reasonable legal basis for
arriving at a verdict of guilty given that no evidence was provided linking him
to the publication of the pamphlets,” said Mary Lawlor, Executive Director of
Front Line Defenders.
“Furthermore,
there was a complete lack of any evidence linking him to the explosives nor
were the men with the explosives and with whom José Marcos Mavungo is accused
of associating brought to trial.”
José
Marcos Mavungo was arrested on 14 March 2015 and summarily tried on sedition
charges on 19 March 2015. The court found no evidence for the charge of
sedition against him and ordered further investigations. On 27 May 2015, he was
formally charged with ‘rebellion’, but was only officially informed of his
indictment on 22 June. His trial started on 25 August and he was convicted on
14 September. He was kept in pre-trial detention from the time of his arrest.
“José
Marcos Mavungo’s conviction is particularly concerning in the light of the
detention of 16 other individuals under similar charges in the country,” said
Jacob van Garderen, National
Director of Lawyers for
Human Rights – South Africa.
“It
intensifies our concerns that these individuals are unlikely to receive a fair
trial.”
On 20
June, police in Luanda arrested 13 people meeting to exchange opinions on the
political situation. Two others were arrested following the meeting. All were
accused of an attempted coup and denied bail. They remain in pre-trial
detention, but have not yet been indicted. Another individual, Zenóbio Zumba, a
military intelligence official, was reportedly arrested on 30 June under the
same accusation as the other 15 and also remains in pre-trial detention.
“The
Angolan government is obligated under human rights treaties to which it is a
state party to respect the rights to freedom of opinion, expression, and
assembly, which specifically protect the freedom to meet jointly to freely
exchange opinions and peacefully demonstrate for change in areas of
discontent,” said Arnold Tsunga, Africa Director of the ICJ.
“These
rights are also protected by Angola’s Constitution, which further requires that
the authorities ensure democratic participation of citizens and civil society
in the resolution of national problems.”
“Despite
committing to take measures to respect, protect and promote the rights to
freedom of expression, opinion, association and peaceful assembly during its
Universal Periodic Review last year, Angolan authorities continue to flagrantly
suppress these rights,” said Muleya Mwananyanda, Amnesty
International's Deputy Director for Southern Africa.
“Angola
can only begin to demonstrate that these commitments were meaningful by
unconditionally releasing Jose Marcos Mavungo, as well as other human rights
defenders and political opponents arbitrarily arrested.”
END/
Background:
Since the
beginning of the year there has been an increase in the use of state security
laws in a manner apparently aimed at supressing the rights to freedom of
expression, association and assembly in Angola.
In March,
on the same day as José Marcos Mavungo’s arrest, security forces arrested Arão
Bula Tempo, a human rights lawyer and the president of the Cabinda provincial
Council of the Angolan Bar Association and his client Manuel Biongo. They were accused of
the crime of collaborating with foreigners to constrain the Angolan state,
based on an allegation that they invited journalists from the Republic of Congo
to cover the demonstration organised by José Marcos Mavungo. Both deny the accusation. They were
released on 13 May 2015 pending trial, but are not allowed to leave Cabinda
without permission.
For more
information or to arrange an interview please contact:
Amnesty
International - Southern Africa: Robert Shivambu - Press Officer on +2711 283
6000 or +27 83 437 5732 robert.shivambu@amnesty.org or press@amnesty.org
Lawyers
for Human Rights: Melisa Du Preez - Communication manager on +27718790327 or melissadp@lhr.org.za
Southern
Africa Litigation Centre: Muluka Miti-Drummond, Regional Advocacy Director on
+447912792748 or mulukam@salc.org.za
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