Antécédents de l'affaire: Luaty Beirão
Après des mois de détention et d'acharnement judiciaire, les défenseurs des droits humains de l'affaire 15+2 ont été libérés et toutes les charges ont été abandonnées. En juin 2016, les DDH avaient été libérés de prison et assignés à résidence. Le 28 mars 2016, le tribunal provincial de Luanda les avait condamnés à des peines allant de 2 ans et 3 mois à huit ans de prison pour avoir soi-disant préparé des actes de rébellion et association de malfaiteurs.
Luaty Beirão est musicien et membre de Central Angola 7311, une plateforme en ligne créée par un groupe de jeunes pour documenter les violations des droits humains. Il a aussi récemment participé à la préparation de la campagne "Buzina Só" pour la justice sociale, organisée par le biais des réseaux sociaux.
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- 31 Mars 2016 : Human rights defenders from the 15+2 case sentenced to jail terms of between two and eight years
- 25 Janvier 2016 : Trial against 17 human rights defenders postponed
- 22 Décembre 2015 : Human rights defenders detained since June released and placed under house arrest
- 15 Décembre 2015 : Four human rights defenders go on hunger strike pending trial
- 10 Octobre 2015 : Fear for the Life of Human Rights Defender Luaty Beirão on Hunger Strike
- 2 Octobre 2015 : Human rights defenders and youth activists waiting to be summoned amidst hunger strike
- 24 Juin 2015 : Several human rights defenders and youth activists arrested
- 4 Avril 2013 : Peaceful protest cancelled as organisers and protesters arrested
On 28 March 2016, the Provincial Court of Luanda sentenced the human rights defenders from the 15+2 case to jail terms ranging from two years and three months to eight years and six months for the alleged crimes of preparatory acts of rebellion and association of criminals.
The 17 human rights defenders are Messrs Domingos da Cruz, Sedrick de Carvalho, Luaty Beirão, José Gomes Hata, Nito Alves, Afonso Matias “Mbanza Hamza”, Hitler Samussuko, Inocêncio Brito “Drux”, Albano Bingo, Fernando Tomás “Nicola”, Nelson Dibango, Arante Kivuvu, Nuno Álvaro Dala, Benedito Jeremias, Osvaldo Caholo, who were arrested in June 2015, and Ms Rosa Conde and Ms Laurinda Gouveia, who were also sentenced, but not held in pre-trial detention.
Of the judgments made against the human rights defenders, the most severe was handed down to Domingos da Cruz, who was sentenced to eight-and-a-half years' imprisonment for the crimes of preparatory acts of rebellion and association of criminals. Jeremias Benedito, Nuno Álvaro Dala, Sedrick de Carvalho, Nito Alves, Inocêncio de Brito, Laurinda Gouveia, Fernando António Tomás “Nicola”, Mbamza Hamza, Osvaldo Caholo, Arante Kivuvu, Albano Evaristo Bingo, Nelson Dibango, Hitler Samussuko and José Gomes Hata were all sentenced to four years and six months in prison for the same crimes. Rosa Conde and Jeremias Benedito received more moderate sentences and will serve two years and three months in prison. Luaty Beirão, who was convicted of “falsifying documents”, alongside the above-mentioned crimes, was sentenced to five years and six months in prison.
The human rights defenders' trial was marred with irregularities. On 21 March 2016, during the closing arguments, the Prosecutor's Office altered the charge sheet, dropping the charge of organising a coup d’état to overthrow President José Eduardo dos Santos, and including the new indictment of association of criminals, punishable with a more severe sentence than the crime of organising a coup. This new charge was therefore not subjected to analysis by the defendants' lawyers.
The human rights defenders were formally informed of their indictment on 8 October 2015, when the maximum period for pre-trial prison, 90 days according to Angolan law, had already expired. Domingos da Cruz was arrested on 21 June 2015 following the arrest of Afonso Mayenda, Luaty Beirão, Manuel Nito Alves, Albano Bingo and nine youth activists on 20 June 2015, during a conference on the ''Philosophy of peaceful revolution'', given by Domingos da Cruz, in the neighbourhood of Vila Alice in Luanda. Laurinda Gouveia and Rosa Conde were not amongst those detained, but they were also charged.
Lawyers for the human rights defenders have five days to file an appeal before the Supreme Court.
Front Line Defenders is gravely concerned by the conviction of the 17 human rights defenders, as it believes the judicial action against them to be solely motivated by their peaceful and legitimate work in the defence of human rights. Further concern is expressed by the irregularities that marked the trial. Front Line Defenders calls on the Angolan authorities to repeal the sentence against the human rights defenders.
The trial against 17 human rights defenders, including Luaty Beirão, was scheduled to reopen on 25 January 2016 at the Provincial Court of Luanda, but it was postponed for the third time. In June 2015 the police arrested 15 human rights defenders, while they were participating in a meeting and discussing peaceful methods of protest. Authorities also charged two women activists - Laurinda Gouveia and Rosa Conde - but they did not detain them.
The trial against the 17 human rights defenders was originally scheduled to reopen on 11 January 2016, but it was postponed till January 25 as 53 people who had been summoned to provide clarifications on the case did not present themselves. The Provincial Court of Luanda summoned all the people whose names appeared on a list called “National Salvation Government”, that was widely circulated in social media. In this list different Angolan personalities were named as possible leaders of an ideal, imaginary government. Although the scenario described was simply part of an online discussion, authorities interpreted it as an act of rebellion and as an explicit threat to overthrow the government.
On 18 December 2015 fifteen human rights defenders who were arrested in June 2015 were released from prison and placed under house arrest following a decision issued on 15 December 2015 by the Provincial Court of Luanda.
They will remain under house arrest pending their trial that will resume on 11 January 2016.
The 15 human rights defenders were arrested as they attended a conference on the ''Philosophy of peaceful revolution'', which was given by Mr Domingos da Cruz in the neighbourhood of Vila Alice in Luanda. The other 14 human rights defenders are Messrs Sedrick de Carvalho, Luaty Beirão, José Gomes Hata Nito Alves, Afonso Matias “Mbanza Hamza”, Hitler Samussuko, Inocêncio Brito “Drux”, Albano Bingo, Fernando Tomás “Nicola”, Nelson Dibango, Arante Kivuvu, Nuno Álvaro Dala, Benedito Jeremias and Osvaldo Caholo .
This latest development in the case follows a decision issued on 15 December 2015 by judge MrJanuário Domingos José, from the 14th Section of the Provincial Court of Luanda (Tribunal Provincial de Luanda),in which he granted a request for alternative measures of detentionin the defendants'case. The request was presented earlier on the same day by the Public Prosecutor's Office (Ministério Público)in which Angola's new legislation on Preventive Measures in Criminal Proceedings (Lei das Medidas Cautelares em Processo Penal) was used to support it. According to this new law, it is only possible to keep someone in preventive detention if the person hasbeen accused of having committed crimes punishable by three years in prison or more, which is not the case for the 15 human rights defenders.
Judge Januário Domingos ruled based on the principle that the law which
is more favourable to the defendants applied, and accepted the request. The new lawcame into effect on Friday 18 December 2015 when the human rights defenders were finally released and placed under house arrest.
The human rights defenders are being tried for allegedly preparing a coup d’état to overthrow President José Eduardo dos Santos and for preparatory acts of rebellion. Among the defendants are Mss Rosa Conde and Laurinda Gouveia, neither of whom have been held in detention to date. The human rights defenders' trial started on 15 November 2015, after approximately four months of pre-trial detention, and will resume on 11 January 2015. The defence claims that the court has adopted dilatory tactics to postpone the verdict.
On 10 December 2015 four out of the seventeen human rights defenders being judged for preparatory acts of rebellion and for organising a coup against President José Eduardo dos Santos initiated a hunger strike.
Messrs Sedrick de Carvalho, Luaty Beirão, Domingos da Cruz and José Gomes Hata decided to go on hunger strike to protest delays in the trial.
Sedrick de Carvalho, Luaty Beirão, Domingos da Cruz and José Gomes Hata were arrested in June 2015 along with 11 other human rights defenders as they attended a conference on the ''Philosophy of peaceful revolution'', which was given by Domingos da Cruz in the neighbourhood of Vila Alice in Luanda. The other human rights defenders are Nito Alves, Afonso Matias “Mbanza Hamza”, Hitler Samussuko, Inocêncio Brito “Drux”, Albano Bingo, Fernando Tomás “Nicola”, Nelson Dibango, Arante Kivuvu, Nuno Álvaro Dala, Benedito Jeremias and Osvaldo Caholo.
The human rights defenders were charged for allegedly preparing a coup d’état to overthrow President José Eduardo dos Santos and for preparatory acts of rebellion. Among the defendants also figure Mss Rosa Conde and Laurinda Gouveia, who remain at liberty. The human rights defenders' trial started on 15 November 2015, after approximately four months of pre-trial detention. The defence claims that the court has adopted dilatory tactics to postpone the verdict.
This is the second time the human rights defenders start a hunger strike to raise awareness about their case. In the previous occasion, in October 2015, they were protesting against the excessive length of their pre-trial detention, which exceeded the 90-day limit prescribed by law. After such a term, a court is required to rule on the extension of the detention, which did not happen within the prescribed time-limit.
On 9 October 2015, human rights defender Mr Luaty Beirão was transferred from the Calomboloca Prison to the Prison Hospital of São Paulo, Angola, after his health deteriorated following 19 days on hunger strike.
Luaty Beirão has been arbitrarily held in preventive detention for over 100 days following his arrest in detained in June 2015, along with 15 other human rights defenders and youth activists in Angola - Domingos da Cruz, Nito Alves, Afonso Matias “Mbanza Hamza”, José Hata, HItler Samussuko, Inocêncio Brito “Drux”, Sedrick de Carvalho, Albano Bingo, Fernando Tomás “Nicola”, Nelson Dibango, Arante Kivuvu, Nuno Álvaro Dala, Benedito Jeremias, Osvaldo Caholo. The arrests were linked to a series of meetings that were held with to discuss the principles of non-violent protest.
Luaty Beirão remains in the hospital and his situation is critical; the human rights defender has lost a lot of weight and he has experienced severe stomach pain. He had previously been taken to the same Prison Hospital on Friday 2 October 2015, but was transferred back that same weekend to the Calomboloca prison without being provided a thorough medical examination.
Luaty's brother told Agence France Presse that, "He is only drinking very little water. His stomach is burning and he is scared of being poisoned if he eats. He might die if he isn't released."
On 8 October 2015 the Provincial Court of Luanda (Tribunal Provincial de Luanda) notified the human rights defenders that they are facing charges of organising a coup against the President José Eduardo dos Santos and the Government of Angola, as well as additional charges for preparatory acts of rebellion. Two other human rights defenders, Rosa Conde and Laurinda Gouveia, have also been charged, but they remain at liberty while awaiting their trial. Rosa Conde and Laurinda Gouveia were also attending several meetings with the detainees to discuss the principles of non-violent protest and political change in Angola.
Luaty Beirão is a rap musician and active in social justice efforts in Angola, challenging corruption and political intimidation. In 2012, his skull was cracked open with an iron rod when he participated in a protest.
On 28 September 2015, the human rights defenders and youth activists arrested in Luanda in June 2015 were notified that the Prosecutor General had completed the investigation into their case.
The 15 human rights defenders were arrested for allegedly preparing a coup d’état to overthrow President José Eduardo dos Santos (Tribunal Provincial de Luanda) and are now waiting to be summoned to appear before the Provincial Court of Luanda. Among those detained are human rights defenders Messrs Domingos da Cruz, Afonso Mayenda (also known as Mbanza Hamza), Luaty Beirão, Manuel Nito Alves and Albano Bingo. Some of the detainees, including Domingos da Cruz and Luaty Beirão, have been on hunger strike since 21 September 2015 to protest their arbitrary preventive detention.
On 28 September 2015 the human rights defenders' lawyer, Mr. Walter Tondela, was notified about the completion of the investigations. However, the specific charges brought against them remain unknown. It is believed that the detainees may face charges of rebellion for allegedly “carrying out acts that would undermine the order and public safety of the country”. This notification follows two unsuccessful attempts to release the detainees. On 21 September Mr Tondela requested their immediate release given that the 90-day limit for preventive detention had already been exceeded and on 16 September 2015 the Supreme Court of Angola (Supremo Tribunal de Justiça) denied a habeas corpus request. The defence lawyers will challenge this decision before the Constitutional Court.
Human rights defender Domingos da Cruz was arrested on 21 June 2015 following the arrest of Afonso Mayenda, Luaty Beirão, Manuel Nito Alves, and Albano Bingo, along with nine youth activists on 20 June 2015 as they attended a conference on the ''Philosophy of peaceful revolution'', which was given by Domingos da Cruz in the neighbourhood of Vila Alice in Luanda.
On 21 June 2015, journalist and human rights defender Mr Domingos da Cruz was arrested. He is currently detained in the 29th police station in Luanda. On the afternoon of 20 June 2015, at least four human rights defenders, Messrs Afonso Mayenda (also known as Mbanza Hanza), Luaty Beirão, Manuel Nito Alves, and Albano Bingo, along with nine youth activists, were detained by the national police and the National Directorate for Criminal Investigation (DNIC in portuguese). According to reports, Luaty Beirão and Manuel Nito Alves are being held in detention in the 29th police station in Luanda. Albano Bingo is held in detention in the 10th police station in the neighbourhood of Cazenga. Afonso Mayenda is detained in the 9th police station in the neighbourhood of Lagostas. Although no charges have been formalised against the human rights defenders, it is believed that they were arrested on suspicion of planning to overthrow the government. The nine youth activists are reportedly being detained across several police stations in the city of Luanda.
The human rights defenders were arrested on the afternoon of 20 June 2015, while participating in a conference on the ''Philosophy of peaceful revolution'', being given by Domingos da Cruz in the neighbourhood of Vila Alice in Luanda. Immediately following their arrest, the human rights defenders were brought by police officers and members of the criminal investigation office to their respective homes, and had their photos and computers confiscated.
The Criminal Investigation Office of the Ministry of Interior issued a press release on the day of their arrests, declaring that it had “undertaken a number of actions which have culminated in the detention in flagrente delicto of 13 citizens who were preparing to carry out acts that would undermine the order and public safety of the country”, and that, “during this operation, a number of means of proof have been confiscated''.
This is not the first time that the human rights defenders have been arrested and detained by the police. In March 2013, Manuel Nito Alves, Luaty Beirão and Mbanza Hamza were arrested and detained shortly before the start of a demonstration in the capital Luanda, scheduled in solidarity with two human rights defenders who disappeared in 2012. At the time, Mbanza Hamza, was beaten by police. The human rights defenders were released without charge on 30 March 2013.
On 30 March 2013, several human rights defenders, protest organisers and peaceful demonstrators were arrested by police, and many others were dispersed, shortly before the scheduled start of a demonstration in the capital Luanda, in solidarity with two human rights defenders who disappeared in 2012.
The demonstration was organised by several Angolan human rights defenders and civil society activists who had been calling for a government response to the 2012 disappearance of two human rights defenders. The plan for a demonstration received great public support on social media platforms. Protesters were expected to meet on 30 March 2013 at 10.00 am at the Cemetery of Saint Ana in Luanda.
At approximately 8.00 am, one of the organisers, Mr Manuel Nito Alves, was arrested near the supermarket Alimenta Angola, while talking about the demonstration to ten other individuals. Around the same time, human rights defenders Messrs Luaty Beirão, Adolfo Campos and Mauro Smith were arrested when they enquired about the heavy police presence at the Cemetery of Saint Ana.
At he same time, other protesters who had started to gather were dispersed by police and encouraged to leave the area. At approximately 9.00 am, another human rights defender and one of the demonstration organisers, Mr Mbanza Hamza, was reportedly beaten by police.
The Provincial Police of Luanda issued a statement confirming the arrest of 12 individuals but Front Line Defenders has been informed of a total of 18 arrests. All individuals arrested were released without charge on 30 March 2013.
The demonstration was intended to call for a government response to the disappearance of two human rights defenders, António Alves Kamulingue and Isaías Cassule. They were last seen on 29 May 2012, two days after a protest that they had organised on 27 May 2012 in Luanda and which was joined by war veterans.
In July 2012, the families of the human rights defenders filed a complaint with the police. In December 2012, the Angolan government, following a meeting with family members, announced an investigation, but no progress has been reported so far. On 22 December 2012, police dispersed a protest in Luanda calling for an official explanation of the mens whereabouts. They arrested five protesters and three bystanders.
On 27 March 2013, the United Nations Human Rights Committee, in its Concluding Observations on the initial report of Angola's implementation of the International Covenant of Civil and Political Rights, expressed concern at the cases of disappeared human rights defenders which occurred in Luanda in 2011 and 2012. The Committee also expressed concern at the “lack of concrete and comprehensive information on investigations, prosecutions, convictions and sanctions imposed on those responsible and at the reported impunity of security forces involved in such human rights violations.”
Front Line Defenders expresses concern at the disruption of the above-mentioned protest and at the arrest of protest organisers, human rights defenders and protesters, and believes it to be directly motivated by their legitimate exercise of the right to peaceful assembly.
