A/HRC/13/42*
page 121
unhindered access to Office staff. Likewise, access to detention facilities operated by the
Republican Guard continued to be denied to judicial authorities and civil society organizations,
as well as to Office staff. 458
2. Equatorial Guinea
254. In its report on a mission to Equatorial Guinea in July 2007, the Working Group on
Arbitrary Detention explained that it was particularly concerned by the practice of secret
detention, because it had received information about the kidnapping by Government agents of
nationals of Equatorial Guinea, taken from neighbouring countries to Malabo and held in secret
detention there. In some cases, the authorities had not acknowledged that the persons in question
were held in detention, which meant that, technically, they were considered to be missing.459
255. During its mission, the Working Group interviewed four people - Carmelo Ncogo Mitigo,
Jesús Michá Michá, Juan Bestue Santander and Juan María Itutu Méndez - who were detained in
secret for 18 months before being transferred to Bata. The Working Group also reported that,
during their secret detention, the people had worn handcuffs and leg irons, the marks of which
the Working Group was able to observe directly.460 The people were part of a group of five exiles
arrested in Libreville on 3 June 2004 by members of the Gabonese security forces for their
alleged participation in the incidents that took place on the island of Corisco in 2004. Ten days
after they were apprehended, they were handed over to security officials of Equatorial Guinea
and transported in secret to Malabo. No formal extradition proceedings were observed. For one
and a half years they were held incommunicado and underwent torture.
256. In 2006, the four were accused of rebellion, but had not been put on trial by the time of the
Working Group’s mission. Their lawyer explained that he had difficulties meeting with them
since he only saw them on the day that they were formally charged.
257. The Working Group also reported that it had been unable to interview four other
individuals - Juan Ondo Abaga, Felipe Esono Ntutumu, Florencio Ela Bibang and Antimo Edu
Nchama - who, according to a letter they had sent to the Working Group, were kept in a separate
wing of the prison at Black Beach. The Working Group added that, according to the complaints
received, the four individuals had been transferred to Equatorial Guinea in a military aircraft and
imprisoned in Black Beach. They had official refugee status in the countries where they were
living (Benin and Nigeria). They were kidnapped and subsequently detained without the benefit
of any legal proceedings.461 In 2008, the Working Group added that the four had continued to be
458
Report of the United Nations High Commissioner for Human Rights on the situation of
human rights and the activities of her Office in the Democratic Republic of the Congo
(A/HRC/10/58), paras. 40 and 43.
459
A/HRC/7/4/Add.3, para. 69.
460
Ibid., paras. 71-72.
461
Ibid., paras. 69-70.
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