Three men deported by the United States to Eswatini, rather than their home countries, have lodged a complaint with the African Commission on Human and Peoples' Rights (ACHPR), alleging unlawful detention and human rights violations. The claimants, from Cuba, Jamaica, and Yemen, were among a group of 15 third-country nationals sent to the southern African kingdom by US authorities in July and October last year.
Two of the men remain in prison in Eswatini, while the third, Orville Etoria, was repatriated to Jamaica in September. Their lawyers argue that the men have already served their sentences for crimes committed in the US and have not committed any offence in Eswatini. Beatrice Njeri, a lawyer with the Global Strategic Litigation Council, said the detainees are being held indefinitely and have not been allowed to see their lawyers in person. One detainee reportedly went on a 30-day hunger strike late last year, resulting in signs of organ failure.
The ACHPR, an African Union body, can demand that states uphold rights and refer cases to the African Court on Human and Peoples' Rights, but neither body has enforcement powers. Eswatini's government spokesperson, Thabile Mdluli, said the individuals are not detained but accommodated in a secure environment while administrative and diplomatic processes for their repatriation are underway. She reiterated the kingdom's commitment to upholding human rights.
The US has deported dozens of immigrants to third countries under the Trump administration's mass deportation policy. Other African nations that have accepted such deportees include Ghana, Rwanda, South Sudan, and Uganda. The US agreed to pay Eswatini $5.1 million to accept up to 160 third-country nationals, according to Reuters. In February, Eswatini's high court dismissed a case from local NGOs challenging the detention, ruling that the applicants lacked direct interest.
