Antécédents de l'affaire: Manuel Nito Alves
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.
Manuel Nito Alves est membre du groupe de jeunes 'Movimento Revolucionário' (mouvement révolutionnaire), qui plaide pacifiquement en faveur des droits humains, de la démocratie et pour la responsabilité en Angola. Depuis 2012, le mouvement est connu pour avoir organisé des manifestations pacifiques pour réclamer de meilleures conditions de vie pour la population angolaise et pour mettre un terme aux violations des droits humains dans le pays. Ces manifestations sont régulièrement réprimées par la police à Luanda, la capitale du pays. Manuel Nito Alves est un fervent défenseur de la liberté d'expression et du droit au rassemblement pacifique en Angola.
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- 30 Mars 2016 : Human rights defenders from the 15+2 case sentenced to jail terms of between two and eight years
- 8 Février 2016 : Summary conviction of human rights defender Manuel Nito Alves
- 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
- 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
- 29 Mai 2013 : Arrests and violence at a vigil to mark one year since the disappearance of two human rights defenders
- 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.
On 8 February 2016, human rights defender Mr Manuel Nito Alves was sentenced to six months' imprisonment in a summary trial. He was convicted of disturbing the order of the Tribunal Provincial de Luanda (Provincial Court of Luanda) during the trial of seventeen Angolan human rights defenders, of which he is one, known as the 15+2 case.
During the court session in the trial of the 17 human rights defenders on 8 February 2016, while Nito Alves' father was being interrogated, the human rights defender raised his voice and stated, “I do not fear for my life; this trial is a farce” (“Não temo pela minha vida e este julgamento é uma palhaçada"). He was silenced by the presiding judge, Mr Januário Domingos, who immediately opened a summary legal procedure against him and sentenced him to 6 months' imprisonment and the payment of a fine of AKZ 50,000 (approximately €284) for contempt of court. The sentence came into force immediately and the human rights defender, who had been detained under house arrest for approximately 50 days prior to the sentencing, was transferred to the prison of the district of Viana on the same day.
The human rights defender still faces up to three years imprisonment on charges of preparatory acts of rebellion and for organising a coup against President José Eduardo dos Santos. He was arrested on 20 June 2015, along with 14 others human rights defenders. Two women human rights defenders, Ms Laurinda Gouveia and Ms Rosa Conde, are also being prosecuted but they are not in detention.
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.
Front Line Defenders is gravely concerned at the ongoing trial and arbitrary detention of the human rights defenders, particularly given the unjustified delay in reaching a decision. Front Line Defenders calls on the authorities to immediately and unconditionally acquit the human rights defenders, as it is believed that their prosecution is an attempt to prevent them from carrying out their peaceful and legitimate work in defence of human rights.
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 the afternoon of 20 June 2015, at least four human rights defenders, Messrs Manuel Nito Alves, Afonso Mayenda (also known as Mbanza Hanza), Luaty Beirão, and Albano Bingo, along with nine youth activists, were detained by the national police and the National Directorate for Criminal Investigation (DNIC in portuguese). 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.
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 27 May 2013, at least nine human rights defenders were arrested, including Messrs Manuel Nito Alves, Albano Bingo, Nicola, Domingos Cipriano “Aristocrata”, Adolfo Miguel Campos André, Graciano, Ferbern, Emiliano Catumbela “Ticreme”, and Raul Lino “Mandela” while they were taking part in a vigil at Largo da Independência in Luanda to mark one year since the disappearance of human rights defenders Messrs António Alves Kamulingue and Isaías Cassule.
Eight of the human rights defenders have been released but Emiliano Catumbela remains in detention, he has not been given access to his lawyer and was due to appear in court on the morning of 29 May 2013. Raul Lino “Mandela” was reportedly beaten by police officers after his arrest, and was later found unconscious, having sustained serious injuries.
All nine human rights defenders are members of the youth group called Movimento Revolucionário (Revolutionary Movement), which peacefully advocates for human rights, democracy and accountability in Angola.
The group has previously called for peaceful gatherings to protest the lack of government response to the disappearance of António Alves Kamulingue and Isaías Cassule, who were last seen on 29 May 2012, two days after a protest that they had organised on 27 May 2012 in Luanda. This case was raised with the authorities by UN High Commissioner for Human Rights Navi Pillay in April 2013, during a three-day visit to Angola.
At around 4pm on 27 May 2013, demonstrators started to gather and were reportedly met with heavy police presence, including helicopters. During the vigil, Manuel Nito Alves, Albano Bingo and Nicola were arrested by officers of the National Police and detained for a few hours before being released without charges. Domingos Cipriano “Aristocrata” was held by police, but released without charges shortly after.
At approximately 8pm, Adolfo Miguel Campos André, Graciano and Ferber were arrested in the proximity of 1 May Square and kept in police custody for approximately three hours. The three human rights defenders were detained in a police vehicle and driven to the outskirts of Luanda. The police officers attempted to release the human rights defenders in a remote area, but after they refused to be left there, they were taken back to the city and released without charge.
Emiliano Catumbela “Ticreme” was arrested by police during the vigil, taken to the 3rd Police Unit in Vila Alice, and later transferred to Luanda’s Provincial Directorate for Criminal Investigation, where he is currently detained. The human rights defender has been refused access to his lawyer and has been charged with throwing stones at the police although witnesses deny that such an incident happened.
His lawyer had been informed that Emiliano Catumbela would appear before a judge and the Public Prosecutor on 29 May 2013. The Public Prosecutor’s Office has sent the case back to the police because the human rights defender was not present. The police claim they could not find him in any of the cells.
Raul Lino, known as Mandela, was reportedly arrested by police officers at approximately 9pm and was later found unconscious between 10 and 11pm on a roadside approximately 5km outside Luanda. He was immediately taken to a private clinic in Luanda. However, reportedly several private clinics refused to provide treatment, due to fears of government reprisal.
On 28 May 2013, the human rights defender received medical care at the Hospital Geral do Capalanga and he is currently recovering from injuries in his home in Luanda.
The National Police have issued a press release affirming that because demonstrators were throwing stones and other objects at the police, it was necessary to remove them from the area and release them in different locations.
Front Line Defenders expresses concern at the arrests of, and police violence against the abovementioned human rights defenders during the disruption of a peaceful vigil. Front Line Defenders believes these actions to be directly motivated by their legitimate exercise of the right to peaceful assembly and freedom of expression.
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.
