Human Rights: Carlos Manuel de São Vicente files a complaint against Angola before the UN for arbitrary detention and violation of his right to a fair trial
Published on
Press release Human Rights: Carlos Manuel de São Vicente files a complaint against Angola before the UN for arbitrary detention and violation of his right to a fair trial Geneva, 10 March 2021 – The UN Working Group on Arbitrary Detention was seized of a complaint for arbitrary detention of the Angolan businessman Carlos Manuel de São Vicente, detained in Luanda since 22 September 2020. In their brief, the lawyers François Zimeray and Jessica Finelle denounce multiple violations of the rules of fair trial and conditions of detention “contrary to all notions of justice and dignity”. In particular, they point out the following: – A detention, neither necessary nor reasonable, ordered and prolonged by an all-powerful Angolan prosecutor’s office, absent the control of a judge. – The endangerment of a prisoner suffering from pathologies (notably diabetes and hypertension) that make him particularly vulnerable to Covid-19. Mr. São Vicente’s health deteriorated significantly due to the lack of appropriate medical follow-up. He is being held in detention in particularly difficult conditions: the prison of Viana, in Luanda, is overcrowded, and inmates cohabit with convicted prisoners. He has no access to running water or drinking water. The lawyers denounce “a blackmail detention and prosecution obviously motivated by political reasons” initiated under strong social pressure to which the Angolan government, weakened by suspicions of corruption, gave in even though the Angolan prosecuting authorities had assured the Swiss authorities a month earlier that they had found no evidence to support the indictment of Mr. São Vicente after having conducted investigations. The complaints underline the violation of the presumption of innocence, Mr. São Vicente being the subject of political and media harassment, making the entrepreneur an ideal scapegoat for the difficulties of a country plagued by corruption.On two occasions, in 2008 and 2019, the UN had already pointed out the failures of the Angolan judiciary system. International human rights NGOs have also repeatedly denounced the lack of independence of Angolan justice and the inhuman and degrading conditions of its prisons. For François Zimeray, “the Angolan judicial authorities believe they can avail themselves by responding that Mr. São Vicente will be treated ‘like everyone else’. Is this an argument? Beyond his own fate, he intends to denounce the conditions of all prisoners in Angola, especially those who do not have the resources to feed and defend themselves“. For these reasons, the UN Working Group on Arbitrary Detention is requested to send an urgent appeal to Angola to proceed with the immediate release of Mr. São Vicente. About the UN Working Group on Arbitrary Detention Created in 1991 at the initiative of Frenchman Louis Joinet, founder of the Magistrates’ Union, this body of the UN High Commissioner for Human Rights is based in Geneva. It brings together independent and recognized experts in charge of investigating cases of arbitrary detention in violation of international standards.Guardian of the “Mandela Rules” (universal rules for the treatment of detainees), this body is today recognized as an indisputable authority in assessing the arbitrary nature of a detention. As the former High Commissioner for Human Rights, Zeid al Hussein pointed out in 2016 that the working group “has adopted historical decisions, which have led on numerous occasions to the release of detainees.” Its opinions, issued following impartial and independent investigations, have also served to alert on the conditions of detention in numerous countries such as Iran, Bhutan, Qatar, Saudi Arabia and China. The Working Group on Arbitrary Detention is considered by many observers as “the most important human rights achievement in recent history” (New York Times, March 11, 1991). About the law firm Zimeray & Finelle Zimeray & Finelle is an international law firm that combines expertise in complex legal challenges with international diplomacy in the fields of human rights and criminal law. About François Zimeray Lawyer admitted to the Paris Bar and the International Criminal Court, François Zimeray was French Ambassador in charge of Human Rights, then French Ambassador to Denmark. He practiced for more than 20 years in a major French law firm and was also a member of the Legal Committee of the European Parliament. In September 2018, he joined forces with Jessica Finelle, a lawyer since 2009 specializing in international criminal law, to create the law firm Zimeray&Finelle, specializing in human rights, criminal law and white-collar crime.In parallel, he established a partnership with a team of lawyers committed to defending human rights at the London law firm Doughty Street Chambers.Together with Jessica Finelle, he obtained a condemnation of Japan by the UN in the Carlos Ghosn case and, recently, of India and the United Arab Emirates.François Zimeray is the author of “J’ai vu partout le même visage”, published by Plon in 2016. About Jessica Finelle Jessica Finelle is a lawyer admitted to the Paris Bar and a partner at Zimeray&Finelle. She is a specialist in French and International criminal law. She is accredited to the International Criminal Court and is involved in numerous cases where human rights are at stake. Recently, Jessica Finelle obtained the recognition from the United Nations that the Congolese authorities were arbitrarily detaining General Mokoko, the main opponent of Denis Sassou-Nguesso’s regime. The UN experts had called on the latter to proceed to the immediate release of the general and compensation for his damages. Background notes for editors The reference to the UN Working Group on Arbitrary Detention by François Zimeray and Jessica Finelle follows the opening, at the end of 2018, of criminal proceedings in Geneva against Mr. São Vicente for suspicions of money laundering.Following disclosure of the Swiss proceedings in the media during the summer of 2020, and in total contradiction with the explanations given in their response to a rogatory letter addressed to them by the Geneva Public Prosecutor’s Office (Switzerland), the Angolan authorities decided to initiate criminal proceedings, whose grounds are vague to say the least, leading to the arrest and illegal detention of Mr. São Vicente in September 2020.In the Swiss proceedings, Mr. São Vicente is represented by Clara Poglia, of the law firm Schellenberg Wittmer Ltd.In the Angolan proceedings, Mr. São Vicente is represented by Fernando Faria de Bastos, of the law firm FBL Advogados.A summary of the proceedings is available upon request. |
This site is registered on wpml.org as a development site.