Eswatini Supreme Court Lets Deported Men See Lawyers After 9 Months

The Supreme Court of Eswatini has granted legal access to four deported men, ending a nine-month wait. This is a major change after a lower court had previously denied access.
By Newsroom | Law, Africa |

A recent ruling by the Supreme Court of Eswatini has sided with four men deported from the United States to the African nation, granting them access to legal counsel. This decision comes after a protracted nine-month legal battle where the men were systematically denied meetings with lawyers. The court's judgment overturns a previous lower court decision that had allowed local lawyer Sibusiso Nhlabatsi, working on behalf of U.S.-based attorneys, to meet with the deportees. The Eswatini government had immediately appealed that initial ruling.

Court rules in favor of 4 men deported by the US to Africa and denied lawyer meetings for 9 months - 1

The core issue is the protracted denial of basic legal access to individuals deported by the U.S. to Eswatini, raising fundamental questions about due process and the human rights implications of third-country deportation agreements.

Court rules in favor of 4 men deported by the US to Africa and denied lawyer meetings for 9 months - 2

Lawyers for the men argue that their continued detention at Eswatini’s maximum-security Matsapha Correctional Complex is unlawful, as they have not been charged with any offenses in the country. Alma David, a U.S.-based lawyer with Novo Legal Group representing two of the men, stated that the nine-month legal fight to simply allow attorney meetings "speaks volumes about how hard the government of Eswatini is fighting to deny these men the most basic of rights." The Eswatini government has not immediately commented on the Supreme Court's latest ruling.

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Eswatini is among at least eight African nations that have entered into agreements with the U.S. government to accept deported migrants who originate from other countries. The four men in question, as well as an initial group of five, were convicted of serious crimes in the U.S. and were subject to deportation orders. U.S. authorities have characterized these individuals as dangerous criminals, some with convictions for murder, stating they were sent to Eswatini because their home countries allegedly refused to take them back. This contradicts statements from some nations, like Jamaica, whose foreign minister has denied refusing to accept deportees.

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The deportations are part of an expanded third-country deportation program, a policy linked to the Trump administration. This program has drawn criticism for potentially violating deportees' legal rights in countries with questionable human rights records and to which the deportees have no prior ties. Non-profit organizations in Eswatini have accused authorities of employing delaying tactics to sidestep scrutiny of these cases. Concerns were also raised when the men initially arrived, with Eswatini authorities reportedly holding them in solitary confinement, a move criticized by lawyers as a denial of due process. The U.S. Department of Homeland Security has maintained that the men with criminal records were deported to Eswatini under these agreements.

Frequently Asked Questions

Q: Why can the four deported men in Eswatini now see lawyers?
The Supreme Court of Eswatini ruled that the four men, deported from the U.S. nine months ago, must be allowed to meet with their legal team. This decision overturns a previous ruling that denied them access.
Q: What was the legal battle about in Eswatini for the deported men?
The legal battle was about the men being denied access to lawyers for nine months after being deported from the U.S. to Eswatini. Their lawyers argued this violated their basic rights, as they were detained without being charged in Eswatini.
Q: Who is affected by the Eswatini Supreme Court ruling on deported men?
The ruling directly affects the four men deported from the U.S. to Eswatini, who can now get legal help. It also impacts the U.S. government's deportation agreements with countries like Eswatini.
Q: What happens next for the four men deported to Eswatini?
With legal access granted, the men's lawyers can now work on their case. They are arguing that the men's detention in Eswatini is unlawful because they have not been charged with any crimes in the country.
Q: Why were the men deported from the U.S. to Eswatini?
U.S. authorities stated the men, convicted of serious crimes in the U.S., were deported because their home countries would not accept them back. They were sent to Eswatini as part of a third-country deportation program.