Carlos Manuel de São Vicente’s lawyers accuse the Angolan justice of abuse of process and denounce a blatant «State hold-up»

On 4 April 2021, the Angolan authorities, without any legal basis, took over and appropriated the buildings of AAA Activos, owned by Carlos Manuel de São Vicente in Luanda. His lawyers accuse the Angolan State of abuse of process and spoliation.

Geneva, 9 April 2021

On 4 April 2021, the Angolan authorities, without any legal basis, took over and appropriated the buildings of AAA Activos, owned by Carlos Manuel de São Vicente in Luanda. His lawyers accuse the Angolan State of abuse of process and spoliation.

« What we are witnessing here has nothing to do with the rule of law. It gives a disastrous image of Angola abroad. Not only is Carlos Manuel de São Vicente the victim of an arbitrary detention, but the State is also publicly orchestrating the spoliation of his assets without any legal basis. We strongly protest against this political operation. Justice is not a hold-up », denounce the lawyers François Zimeray and Jessica Finelle. «Under the guise of noble intentions, the Angolan regime is shockingly violating all of our client’s fundamental rights, in particular the presumption of innocence, the respect of the criminal procedure and the right to a fair trial. The Angolan State believes it has unlimited power over people and property. It arbitrarily locks up people and takes advantage of the situation to squat and seize their buildings unlawfully ».

The facts: on 4 April 2021, under the pretext of the need to ensure the conservation of the buildings belonging to AAA Activos, a company owned by Carlos Manuel de São Vicente, the Angolan Government has publicly orchestrated their appropriation by public administrations.
Carlos Manuel de São Vicente is detained in Luanda since 22 September 2020, in such conditions that it justified the referral to the UN Working Group on Arbitrary Detention, by a complaint dated 10 March 2021.

Reminder:

The UN Working Group on Arbitrary Detention was seized of a complaint for arbitrary detention at the initiative of the wife and children of Angolan businessman Carlos Manuel de São Vicente, detained in Luanda since 22 September 2020. In their brief1, 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 extended 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 system2. 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, his family 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 DetentionCreated 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).1 Available on request
  2 WGAD visit report and UPR report

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 first 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.