Detention of SA engineers in Equatorial Guinea ‘arbitrary and illegal’

UN Working Group on Arbitrary Detention calls for their immediate release

02 July 2024 - 13:15 By TIMESLIVE
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Peter Huxham with his grandchild before his prison ordeal.
Peter Huxham with his grandchild before his prison ordeal.
Image: Supplied

The UN Working Group on Arbitrary Detention has issued a formal opinion declaring the detention of two South African engineers in Equatorial Guinea arbitrary and illegal and is calling for their immediate release.

Frederik “Frik” Potgieter, 54, and Peter Huxham, 55, who is a dual SA/UK citizen, were arrested in February 2023 at their hotel in the capital, Malabo, shortly before they were due to return to South Africa after working on offshore oil and gas platforms for the Dutch firm SBM Production Contractors.

They were accused of drug possession, and each sentenced to 12 years behind bars and jointly ordered to pay $10m (R189m) in fines.

Their arrests coincided with the attachment of a super yacht linked to Equatorial Guinea’s vice-president Teodoro Nguema Obiang, who has been fighting for the return of two upmarket Cape Town properties attached by the Western Cape High Court several years ago.

The attachments are linked to a legal skirmish with SA businessman Daniel Janse van Rensburg, who won a civil claim for damages against Obiang after being wrongfully imprisoned in Equatorial Guinea.

Frik Potgieter.
Frik Potgieter.
Image: Supplied

Francois Nigrini and Shaun Murphy, spokespersons for the Huxham and Potgieter families, said on Tuesday: “There has never been a shred of doubt about Frik and Peter’s innocence. The families, Frik and Peter’s employer and the South African government have always believed in their innocence.

“As families, we believe their arrests were in retaliation for South African courts having seized the luxury properties and super yacht belonging to the vice-president of Equatorial Guinea, the latter two days prior to Frik and Peter’s arrest. We have also known their arrests and detention are illegal, and feel deeply vindicated by the UN Working Group on Arbitrary Detention’s declaration that their arrests and detention are unlawful.

“There should never be a time when one country condones the unlawful action taken against citizens of another country, and we will be leaning firmly on South Africa and the UK to take firm, decisive and immediate action to release the men.

“Frik and Peter’s unlawful and illegal arrests in that country shows there is scant regard for human rights and the rule of law. They are innocent pawns in an international spat between two countries, and have suffered great hardship for almost 17 months as a consequence. It’s time their suffering, and the time stolen from their lives, ends and they are brought back home to their families in South Africa.”

Equatorial Guinea is a signatory to the UN International Covenant on Civil and Political Rights. Arbitrary detention occurs when someone is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for deprivation of liberty.

The families have also requested the formal assistance of the pan-African parliament to secure Potgieter and Huxham's urgent release.

TimesLIVE


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