WRITTEN QUESTION P-1155/98 by Concepció Ferrer (PPE) to the Council (3 April 1998)

Subject: Detainees in Equatorial Guinea

Four Spanish citizens could be sentenced to death by the Equato-Guinean courts if the Public Prosecutor succeeds with his application, lodged in Malabo yesterday, at the beginning of the political trial of 90 people who are alleged to be activists for the Bubi minority people and are accused of fomenting the rebellion on the island of Bioko at the end of January this year with the aim of winning self-determination for the island.

In view of the seriousness of the charges and the penalty which have to be applied if the detainees are found guilty, and given the lack of judicial guarantees and freedoms in a dictatorship such as Equatorial Guinea, has the Council made any representations in connection with this affair? Does it envisage any intervention to save the Spanish activists from the death sentence?

Answer (8 June 1998)

The Council is aware that, according to the available information, a number of people belonging to the Bubi ethnic group native to Bioko Island, one of the two parts of Equatorial Guinea, are reported to have been under arrest since 21 January 1998 because they are suspected of belonging to or supporting the independence movement (Movimento para la Autodeterminación de la Isla de Bioko (MAIB)).

The Government has accused MAIB of attacking military barracks in the town of Luba on Bioko on 21 January. The Minister for Foreign Affairs of Equatorial Guinea, Mr Oyono, is reported to have confirmed that seven people had been arrested on Bioko after what he called two weeks of clashes in Equatorial Guinea's separatist conflict. Among those arrested were one Nigerian and four Spaniards of Equatorial Guinean origin, all of them alleged to be MAIB members. Mr Oyono is said to have confirmed that they faced the death penalty. MAIB is reported to have denied all charges of being behind these attacks or other acts of violence. It claims that more than 800 of the Bubi people have been arrested.

The trial of the four Spanish nationals opened on 25 May. They had meanwhile been released on bail; they could not leave Equatorial Guinea and had to report to the authorities every three days. On 16 April 1998 the Minister for Foreign Affairs of Equatorial Guinea, Mr Oyono, stated that the four Spaniards' trial would be public and would be completely open and above board. He is also reported to have informed the Spanish Prime Minister, Mr José María Aznar, of his intention to allow international observers to attend the trial.

The European Commission called the ambassador of Equatorial Guinea on 24 February 1998 to convey to him its concern at the violations of human rights committed after the attack on 21 January. Several hundred people had been reported arrested and at least three to have died in detention after interrogation. The Commission requested that the authorities identify and punish those guilty of such violations. The ambassador indicated that a special commission had been created in the Ministry of the Interior, to receive and investigate complaints of human rights abuses and stressed that the President was personally involved in stopping impunity for such abuses. The ambassador gave assurances that those responsible for the attack on 21 January had been identified and would be brought to court. All others detained had been freed.

During President Obiang's recent visit to Cameroon, the Heads of Mission of the European Union in Equatorial Guinea also told him of their concern about the human rights situation in Equatorial Guinea.

The Council draws attention to the Resolution adopted on 21 April 1998 by the Commission on Human Rights calling on Equatorial Guinea to adhere to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the Elimination of All Forms of Racial Discrimination. It urges Equatorial Guinea to become party to those two Conventions at the earliest opportunity.

The Council appeals to the authorities of Equatorial Guinea to treat the presumed insurgents in accordance with the international obligations arising from the International Covenant on Civil and Political Rights, to which Equatorial Guinea has subscribed. That Covenant stipulates inter alia that anyone convicted of a crime has the right to have his conviction and sentence reviewed by a higher tribunal and that anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.

The Council cannot prejudge the outcome of the trial but will react appropriately in the light of the verdict. The Council will continue to monitor closely developments in Equatorial Guinea and will seize every opportunity to stress the importance that it attaches to respect for human rights and democratic principles.