EQUATORIAL GUINEA: ARBITRARY DETENTION OF LAWYER AND ACTIVIST ANACLETO MICHA NDONG NLANG

The International League Against Arbitrary Detention urges the Government of Equatorial Guinea to implement United Nations Working Group on Arbitrary Detention Opinion No. 70/2025 concerning Anacleto Micha Ndong Nlang by immediately releasing him and granting him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Anacleto Micha Ndong Nlang (Equatorial Guinea): Opinion No. 70/2025.

HUMAN RIGHTS DEFENDER DETAINED AFTER CRITICIZING STATE AUTHORITIES

Anacleto Micha Ndong Nlang is a lawyer, engineer, civil society leader, and human rights defender from Equatorial Guinea. He is an active member of Guinea Ecuatorial También Es Nuestra, an organization advocating for human rights, democracy, and the rule of law.

On 26 January 2024, he was arrested at his home in Malabo by plain-clothed officers from the National Gendarmerie without an arrest warrant and without being informed of the reasons for his arrest.

Mr. Ndong Nlang was later prosecuted for defamation after filing complaints against State officials concerning allegations of kidnapping, torture, and ill-treatment committed during a previous detention. He was subsequently transferred to Black Beach prison and later to Oveng Azem prison, where he reportedly remained in prolonged incommunicado detention.

Although given the opportunity to respond to the allegations transmitted by the Working Group, the Government of Equatorial Guinea did not submit any response.

ARRESTED AND DETAINED WITHOUT A WARRANT AND SUBJECTED TO ENFORCED DISAPPEARANCE

According to the source, on 26 January 2024, Mr. Ndong Nlang was arrested at his home in Malabo by plain-clothed officers from the National Gendarmerie without an arrest warrant and without being informed of the reasons for his arrest. He was reportedly informed of the charges against him only one month later. Although given the opportunity to respond, the Government of Equatorial Guinea did not contest the allegations before the Working Group. The Working Group considered that the arrest operation appeared to have been planned in advance and found it unjustified that the officers did not possess an arrest warrant. It also found that Mr. Ndong Nlang had not been promptly informed of the reasons for his arrest or of the charges against him, in violation of article 9 (1) and (2) of the Covenant and article 9 of the Universal Declaration of Human Rights.

In addition, the source stated that Mr. Ndong Nlang was not brought promptly before a judicial authority. He appeared before a judge approximately one month after his arrest. The Working Group reiterated that delays exceeding 48 hours must remain absolutely exceptional and justified by specific circumstances and found that this delay far exceeded the requirements established under article 9 (3) of the International Covenant on Civil and Political Rights.

The source also alleged that Mr. Ndong Nlang was subjected to enforced disappearance and prolonged incommunicado detention after the authorities refused to disclose his whereabouts or allow communication with his lawyers and family members. At the time of the Opinion, Mr. Ndong Nlang had reportedly remained in pretrial detention for almost two years without trial. The Working Group noted that the domestic courts failed to conduct an individualized assessment demonstrating that detention was necessary and proportionate, failed to consider alternatives to detention, and did not establish any clear time limit for the detention. According to the Working Group, these actions deprived him of legal protection and violated his right to challenge the legality of his detention, protected by article 9 (3) of the Covenant.

In light of the foregoing, considering all the above,  the Working Group found that Mr. Ndong Nlang’s arrest and detention lacked legal basis, rendering his deprivation of liberty arbitrary under Category I.

DETAINED FOR EXERCISING HIS FREEDOM OF EXPRESSION

The source argued that Mr. Ndong Nlang was prosecuted and detained after filing complaints against State officials concerning allegations of kidnapping, torture, and other abuses committed during a previous detention. According to the source, the authorities used defamation and slander laws to silence criticism and suppress dissent. The Working Group recalled that article 19 of the Covenant protects political discourse, criticism of public authorities, and discussion of human rights issues. It noted that the Government had failed to demonstrate that Mr. Ndong Nlang’s statements constituted incitement to violence or threatened national security or public order. The Working Group, therefore, concluded that his arrest and detention resulted directly from the exercise of his right to freedom of opinion and expression in violation of article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.

Consequently, the Working Group found that his detention was arbitrary under category II.

MULTIPLE VIOLATIONS OF THE RIGHT TO A FAIR TRIAL

The source submitted that Mr. Ndong Nlang was denied access to his lawyers and family members during his detention and that his lawyers had been unable to communicate with him since March 2024. The source further alleged that the authorities concealed his whereabouts for several months, preventing him from preparing his defence or challenging his detention. The Working Group considered that the enforced disappearance and prolonged incommunicado detention substantially undermined Mr. Ndong Nlang’s ability to defend himself in judicial proceedings. It emphasized that access to legal counsel is an essential safeguard protected under article 14 (3) (b) and (d) of the Covenant and articles 10 and 11 (1) of the Universal Declaration of Human Rights. It found that the restrictions imposed on his communication with his lawyers violated his fair trial rights.

The source also alleged that Mr. Ndong Nlang had been subjected to serious acts of violence and ill-treatment during his arrests and detention, including beatings, having his head slammed against a wall, and being forcibly submerged in water. The Working Group expressed grave concern regarding those allegations of torture and violent ill-treatment. The Working Group emphasized that torture and cruel, inhuman or degrading treatment are absolutely prohibited under international law and fundamentally undermine the right to a fair trial protected under article 14 of the Covenant.

In view of these serious violations, the Working Group concluded that Mr. Ndong Nlang’s rights had been violated, rendering his detention arbitrary under category III.

DETENTION BASED ON POLITICAL OPINION AND STATUS AS A HUMAN RIGHTS DEFENDER

The source argued that Mr. Ndong Nlang had been targeted because of his status as a human rights defender and his political views. The source further submitted that his case formed part of a broader pattern of repression against political dissidents, civil society actors, and human rights defenders in Equatorial Guinea. The Working Group recalled that where detention results from the exercise of civil and political rights, there is a strong presumption that it also constitutes discrimination based on political opinion. It noted that other individuals sharing similar political views had reportedly faced arrests and persecution in similar circumstances. The Working Group concluded that Mr. Ndong Nlang had been persecuted because of his political activities and his work as a human rights defender, in violation of articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the Covenant.

The Working Group concluded that Mr. Ndong Nlang had been targeted because of his criticism of the authorities and his human rights activities; his detention therefore fell within category V.

CONCLUSIONS OF THE UNITED NATIONS WORKING GROUP ON ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention concluded that the deprivation of liberty of Anacleto Micha Ndong Nlang was arbitrary and fell within categories I, II, III, and V because it violated articles 6, 8, 9, and 19 of the Universal Declaration of Human Rights and articles 9, 14 and 19 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 Anacleto Micha Ndong Nlang 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 unconditionally and accord him an enforceable right to compensation and other reparations, in accordance with international law.

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