The International League Against Arbitrary Detention urges the Government of Angola to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 63/2023 concerning Carlos Manuel de São Vicente, asking the Government of Angola to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Carlos Manuel de São Vicente (Angola): Opinion 63/2023.
AN AGOLAN ENTREPRENEUR DETAINED BASED ON FINANCIAL CRIMES ACCUSATION
Carlos Manuel de São Vicente is a citizen from both Angola and Portugal and was born on 16 march 1960. He is an entrepreneur, working for Sonangol, a State company, specialized in the co-insurance of Angolan oil activities. This company created AAA Seguros, company in which Mr. São Vicente invested and became a main share-holder. Across the years, Mr. São Vicente became the most important Angolan investor in the country, notably by equipping the country with a hotel network. Mr. São Vicente is also married to the daughter of the former President of Angola, Agostinho Neto. Mr. São Vicente’s wife was a member of Parliament and Vice-Minister under the Presidency of José Eduardo dos Santos.
In 2018, Mr. São Vicente ordered fund transfers to a Swiss bank. The latter alerted the Swiss authorities who opened an investigation for money-laundering and froze his assets. In early August 2020, the Angolan prosecutor’s office concluded that there was no evidence of any corruption, money-laundering or any other crime committed by Mr. São Vicente.
However, a month later, the public prosecutor decided to open an investigation into him for embezzlementt and corruption, which was followed by sequestration orders for the buildings Mr. São Vicente and AAA Seguros owned or operated. Following his second appearance in front of the prosecutor, on 22 September 2020, a detention order was issued, and thus Mr. São Vicente was arrested and brought to Viana prison. On 24 March 2022, the District Court of Luanda sentenced him to 9 years a $4.5 billion fine for embezzlement, tax fraud and money-laundering. In appeal at the Supreme Court, he was later sentenced to 10 years of prison. His last appeal request at the Constitutional Court was still pending at the time of the source's communication.
The source claimed that since 2014, Angola has faced an economic and financial crisis due to the fall in oil prices and corruption of its leaders, which was worsened during the pandemic of the COVID-19. Considering this context, the source explained that Mr. São Vicente's arrest and detention was used as a way to deflect popular discontent, as well as a way for the President of Angola to settle scores with the former President's family - to which Mr. São Vicente was directly related.
The Government of Angola was given the opportunity to respond to these allegations, which it did. However, since its response was received by the Working Group past the extended deadline it had set, the Working Group cannot accept it as though it were submitted on time.
PRE-TRIAL DETENTION AND DELAYS TO BE PRESENTED BEFORE A JUDICIAL AUTHORITY, BOTH UNJUSTIFIED
Following his arrest, Mr. São Vicente was immediately held in pre-trial detention. According to the source, this was unjustified since no alternatives to detention were considered, and since Mr. São Vicente did not present a flight risk, given his assets were seized and his case received extensive public attention. The Government considered it was necessary as Mr. São Vicente was a well-known person with financial power who travels regularly. Considering the above, the Working Group first recalled pre-trial detention should be an exception and as short as possible, as established by article 9(3) of the Covenant. The Working Group considered that there was no indication that Mr. São Vicente presented a risk of violent offending, nor that there was a risk of him escaping, since his passport had expired and his assets were frozen. As such, the Working Group found a violation of article 9(3) of the Covenant.
Besides, Mr. São Vicente was arrested on 22 September 2020 but his detention was not reviewed by a judicial authority before 7 October 2020. The Working Group highlighted that this period significantly exceeded the legally required 48-hour period. Since the Government did not provide any explanation on this point, the Working Group established that article 9(3) of the Covenant had once again been violated.
Therefore, considering all the above, the Working Group found that Mr. São Vicente's detention involved multiple violations of his human rights, rendering his deprivation of liberty arbitrary under category I.
VIOLATION OF HIS RIGHT TO A FAIR TRIAL AND TO DECENT CONDITIONS OF DETENTION
The source first argued that proceedings against Mr. São Vicente were politically motivated, and that considering the power the executive branch has over the judiciary one in Angola, such motivation impaired his right to be tried by an impartial and independent court. Considering this, the Working Group notably focused on the fact that, as enshrined in Angolan Law No. 69/21, Angola’s courts are to receive 10 percent of the value of assets seized by the State in its fight against corruption. According to the Working Group, this fact alone is sufficient to found a violation of Mr. São Vicente's right to be tried by an impartial court, enshrined in article 14(1) of the Covenant and article 10 of the Universal Declaration of Human Rights - as it creates a potential financial interest for judges in the course of proceedings.
Then, Mr. São Vicente has been the victim of media and political harassment, fuelled by public prosecutor and State authorities. Indeed, detailed press releases were issued at every stage of the proceedings, and the media were even informed of Mr. São Vicente’s pre-trial detention before he was even aware of it. Considering this, the Working Group found that Mr. São Vicente’s right to be presumed innocent, enshrined in articles 14(2) of the Covenant and 11 of the Universal Declaration of Human Rights, had been violated.
Moreover, Mr. São Vicente suffers type 2 diabetes and hypertension but is still being held in Viana prison, where detention conditions are particularly dire. The Working Group reiterated its observation that persons over the age of 60 and persons with underlying health conditions should be treated with care. It added that in such cases, States should refrain from holding them in detention facilities where the risk to their physical and mental integrity is excessive. The Working Group was therefore deeply concerned about the mental and physical health of Mr. São Vicente. Similarly, it expressed concern that despite his precarious health condition Mr. São Vicente had been detained within the COVID-19 pandemic context, without adequate medical conditions. In light of all these factors, the Group concluded that Mr. São Vicente was placed at a disadvantage vis-à-vis the prosecution, leading to a violation of article 14 of the Covenant.
In addition, Mr. São Vicente’s first lawyer of choice was not allowed to represent him and his legal counsel was only given two hours for the examination of his file. The Working Group considered that, given the complexity of the case and the need for Mr. São Vicente’s defence to properly consult the evidence against him, his right to adequate time and facilities to present his defence was indeed undermined, in violation of article 14 (3) (b) of the Covenant.
Thereby, the Working Group considered that Mr. São Vicente’s right to a fair trial and to decent conditions of detention were violated, and thus declared his detention arbitrary under category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Carlos Manuel de São Vicente was arbitrary and fell under categories I and III because his deprivation of liberty contravened articles 9 and 14 of the International Covenant on Civil and Political Rights and articles 9, 10 and 11 of the Universal Declaration of Human Right.
The Working Group recommended that the Government of Angola take the steps necessary to remedy the situation of Carlos Manuel de São Vicente without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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