Equatorial Guinea releases arbitrarily detained South African engineers – JURIST Legal News

Report on the Release of Engineers Frik Potgieter and Peter Huxham from Equatorial Guinea

Background and Detention

Engineers Frik Potgieter and Peter Huxham returned to South Africa on Sunday after spending over two years imprisoned in Equatorial Guinea on drug trafficking charges widely regarded as arbitrary. Their detention began in 2023 during a work trip when alleged drugs were found in their luggage. Subsequently, they were sentenced to 12 years in prison and fined $5 million.

UN Working Group on Arbitrary Detention Findings

In 2024, the United Nations Working Group on Arbitrary Detention concluded that the arrests were retaliatory actions linked to a lawsuit against Equatorial Guinea’s Vice-President. This lawsuit involved the unlawful detention of a businessman and a South African court’s order to seize assets belonging to the Vice-President, including homes and a yacht.

The Working Group identified several violations of international human rights standards, including:

• Denial of confidential access to legal counsel who could communicate in English.
• Detention for four days before charges were formally presented to a judge.

These actions were found to contravene the Universal Declaration of Human Rights and the International Convention against the Taking of Hostages.

International Response and Release

1. The governments of South Africa and the United Kingdom exerted diplomatic pressure on Equatorial Guinea for the release of the detained engineers.
2. South Africa’s Minister for International Relations expressed sincere gratitude to Equatorial Guinea for granting a presidential pardon.
3. President Teodoro Obiang Nguema Mbasogo of Equatorial Guinea issued the pardon, leading to the engineers’ release.

The government of Equatorial Guinea did not publicly respond to the UN Working Group’s conclusions.

Emphasis on Sustainable Development Goals (SDGs)

This case highlights critical intersections with several Sustainable Development Goals:

• SDG 16: Peace, Justice and Strong Institutions – The arbitrary detention and denial of fair legal processes underscore the need for strong institutions that uphold justice, human rights, and the rule of law.
• SDG 17: Partnerships for the Goals – The collaborative diplomatic efforts between South Africa, the UK, and international bodies exemplify the importance of global partnerships in resolving human rights issues.
• SDG 10: Reduced Inequalities – Addressing arbitrary detention contributes to reducing inequalities by protecting individuals from discriminatory legal practices.

Ensuring adherence to international human rights frameworks and strengthening judicial transparency are vital steps toward achieving these SDGs and promoting sustainable development globally.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses arbitrary detention, violations of human rights, and lack of fair legal processes, which directly relate to SDG 16’s focus on promoting peaceful and inclusive societies, access to justice, and accountable institutions.
2. SDG 17: Partnerships for the Goals
   • The involvement of multiple governments (South Africa, UK, Equatorial Guinea) and the UN Working Group highlights international cooperation and partnerships to uphold human rights and justice.

2. Specific Targets Under Those SDGs

1. SDG 16 Targets:
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.
2. SDG 17 Targets:
   • Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships that mobilize and share knowledge, expertise, technology and financial resources.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators related to SDG 16:
   • 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or officially recognized conflict resolution mechanisms.
   • 16.3.2: Unsentenced detainees as a proportion of overall prison population (reflecting arbitrary detention issues).
   • 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates in the previous 12 months.
2. Indicators related to SDG 17:
   • 17.16.1: Number of countries reporting progress in multi-stakeholder development effectiveness monitoring frameworks that support the achievement of the sustainable development goals.

4. Table: SDGs, Targets and Indicators

Source: jurist.org