EQUATORIAL GUINEA: ARBITRARY DETENTION OF 37 ANNOBÓN INHABITANTS

The International League Against Arbitrary Detention (ILAAD) urges the Government of Equatorial Guinea to take all the actions to implement the United Nations Working Group on Arbitrary Detention (WGAD) Opinion No. 13/2025 concerning thirty-seven inhabitants of Annobón Island, asking the Government of Equatorial Guinea to immediately and unconditionally release them and to accord them an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning the 37 Annobón inhabitants (Equatorial Guinea): Opinion No. 13/2025

ARREST OF 37 ANNABON MINORITY RESIDENTS

Since 2008, a private company, closely linked to the Government of Equatorial Guinea, has undertaken nearly all public projects on the island of Annobón. On 17 July 2024, local inhabitants drafted and signed a manifesto entitled “Voice of the people of Annobón on the use of dynamite”, calling for an immediate end to the explosions used by the company to exploit mineral resources. Beginning on 19 July 2024, the 37 residents, including 18 who had signed the manifesto and 19 who had supported it, were arrested in Annobón, Malabo, and Bata for having peacefully demonstrated in favour of stopping the explosions and detonations across the island. The detainees were held incommunicado for weeks in detention centers in Annabón and gendarmerie facilities in Malabo.

Their lawyer filed two habeas corpus petitions, the first on 29 July 2024 and the second on 31 July 2024, which were left without answer before being suspended from his duties by the Bar Association of Equatorial Guinea.

On 12 August 2024, the detainees were brought together before the Malabo Court of Investigation No. 2 without adequate legal representation after a joint interrogation and individual interrogation for their "leaders". During a closed hearing, they were jointly charged with crimes including rebellion, breach of constitutional order, and acts jeopardizing peace. On that day was issued a judicial decision was issued ordering their pretrial detention. Following the hearing, the 37 detainees were transferred under military escort to Black Beach Prison in Malabo, where they are known to remain.

The Working Group transmitted the source’s allegations to the Government, which responded on 13 March 2025.

ARRESTED WITHOUT LEGAL BASIS AND DENIED RIGHT TO CHALLENGE THEIR ARREST

The source pointed out that the individuals were arrested without an arrest warrant and with an ongoing investigation, as it was done through mass, systematic and widespread arrests. The Government denied those accusations and listed laws regarding judicial proceedings initiated in 2022 in response to the unilateral declaration of independence by the people of Annobón. The Working Group then recalled that for an arrest to have a legal basis, being grounded in laws is not sufficient; an arrest warrant must be shown to the person on the day. Thus, in the absence of the latter and due to the use of inadequate laws, the Working Group found that the detention of the 37 Annobón inhabitants amounted to a violation of article  9 of the Covenant due to the lack of a legal basis.

Moreover, according to the source, the 37 individuals were held, without legal assistance, for weeks before they appeared in front of a judge. The Government did not provide answers on this matter. The Working Group determined that the detainees were denied access to habeas corpus and kept without judicial control for several weeks, in violation of their right to challenge the lawfulness of their detention, protected by articles 3 and 9 of the Universal Declaration of Human Rights.

Therefore, the Working Group concluded that their detention fell under category I.

DEPRIVED OF THE RIGHT TO FREEDOM OF EXPRESSION, ASSEMBLY, AND POLITICAL PARTICIPATION

The source submitted that the 37 individuals were arrested and detained due to the signing of the manifesto. This manifesto was drafted and signed in the presence of the authorities in follow-up to a letter written by Annobón inhabitants. The Working Group recalled the importance of freedom of opinion and freedom of expression and the particular protection of political speeches, but also the fact that those rights are not absolute. It then established that the Annobón residents were detained for exercising their legitimate rights by signing a public declaration calling for the suspension of environmentally harmful activities, activities not presenting a security risk. Their arrest and prosecution sought to suppress peaceful dissent and community organizing, amounting to a violation of articles 19, 20, and 21 of the Universal Declaration of Human Rights, and articles 19, 21, 22, and 25 of the Covenant.

Accordingly, their deprivation of liberty also fell under category II.

TORTURED AND TRIED IN A COLLECTIVE CLOSED HEARING

The source reported that the 37 inhabitants were denied access to lawyers, and when a counsel was appointed, he was later suspended by the Bar Association for defending them. Furthermore, no lawyer was present when they faced the Malabo Court of Investigation No. 2 on 12 August 2024. The Government only mentioned that public defenders were assigned to 27 of the individuals on 27 August 2024. The Working Group raised some concerns regarding the suspension of their lawyer, as legal counsel should be able to carry out their functions effectively and independently, free from fear of reprisal, interference, intimidation, hindrance or harassment. The situation was therefore in violation of article 14 of the Covenant, as legal assistance is essential to preserve the right to a fair trial.

The individuals were collectively brought before a court, which did not hear their cases individually. After reiterating concerns about joint trials running the risk of violating the norms and standards of international human rights law, the Working Group found a violation of article 14 (1) and (3) of the Covenant, guaranteeing the right to be presumed innocent.

Lastly, the 37 detainees were subjected to torture, cruel, inhuman, and degrading treatment, including beatings, prolonged shackling, and deprivation of food and water. The Government has not provided information on the measures taken to investigate the veracity of these allegations. The Working Group therefore concludes that article 14 of the Covenant and article 11 of the Universal Declaration of Human Rights have been violated.

The Working Group therefore concluded that the detention of the 37 Annobón residents was also arbitrary under category III.

TARGETED FOR THEIR ETHNIC IDENTITY AND POLITICAL OPINIONS

The source argued that the Annobón community constituted a distinct ethnic, linguistic, and cultural minority, geographically isolated 670 km from the capital, Malabo. In addition to arresting protesters in July 2024, the authorities cut off the Internet and other forms of communication used by the people of Annobón as a form of collective punishment. The Working Group emphasized that the militarization of the island and the mass arrests were motivated by discrimination on the basis of ethnic origin and political expression, consistent with a pattern of marginalization and repression against the Annobón minority. These acts amounted to discrimination contrary to Articles 2 and 7 of the Universal Declaration of Human Rights and Article 26 of the Covenant,

Hence, the Working Group found their deprivation of liberty to be arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the above, the United Nations Working Group on Arbitrary Detention found that the detention of the 37 Annobón residents is arbitrary under Categories I, II, III, and V, as it contravenes articles 2, 3, 7, 9–11 and 19–21 of the Universal Declaration of Human Rights and articles 2, 9, 14, 19, 21, 22, 25 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Equatorial Guinea take the steps necessary to remedy the situation of the 37 individuals without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights. The Working Group considers that, taking into account all the circumstances of the case, the appropriate remedy would be to release them immediately and accord them an enforceable right to compensation and other reparations, in accordance with international law.

The case was also referred to the UN Special Rapporteur on Torture, the Special Rapporteur on the Independence of Judges and Lawyers, and the Working Group on Enforced or Involuntary Disappearances.