His Majesty King Mswati

The King's Office
P.O. Box 1
Kwaluseni
Kingdom of Swaziland

1 February 2006

Your Majesty,

In recent weeks, sixteen individuals have been arrested and detained in Swaziland.  They have been accused of firebombing government premises. They have been charged with high treason, sedition, and attempted murder. If convicted they face the prospect of the death penalty.

The Human Rights Institute notes with concern the following aspects of the proposed trial:

There are credible reports that detainees are being physically abused, denied medical treatment and are detained in unsanitary conditions. If true, this is a serious breach of international human rights standards to which Swaziland has acceded.  Investigations into the death of the wife of one of the accused shortly after she herself was released from detention have not allayed fears that her death resulted from torture or other forms of gross ill-treatment while in police custody. 

The fact that the accused have not been present in court at the initial dates scheduled for their bail hearing violates their rights to be present at such a hearing. This is also a breach of international human rights standards.   

The Human Rights Institute is gravely concerned that the rights of the accused to a free and fair trial might be compromised and calls upon the Government of Swaziland to take appropriate steps to allay these fears.

We would appreciate your response to our concerns.

Yours sincerely,

Ambassador Emilio Càrdenas                        

Justice Richard J Goldstone

Co-Chairs, IBA's Human Rights Institute