Our petition demanding the release of Thulani Maseko from solitary confinement has reached over 1500 signatures. Make sure to add your name to list of supporters today, before we send the petition to King Mswati III: https://www.change.org/p/king-mswati-iii-of-swaziland-immediately-release-thulani-maseko-from-solitary-confinement?just_created=true.
Response to Prison Letter? Solitary Confinement for Thulani
Prominent Human Rights Attorney Thulani Maseko has been placed in solitary confinement in prison by authorities in Swaziland just two days after publishing his Letter from Big Bend Prison. Thulani is being denied access to all visitors and is said to be confined to solitary for three weeks.
Ironically, Thulani was sent to prison for publishing an article critical of the judiciary. Now, he is being sent to solitary confinement for publishing a letter on the one year anniversary of his imprisonment. This latest outrageous action by authorities in Swaziland to shut down free speech also violates the international prohibitions against torture, ill-treatment, and arbitrary detention.
Please support our campaign to have Thulani released from solitary confinement immediately by signing this petition, and sharing this post on Facebook and Twitter to promote international awareness of these egregious human rights violations.
Letter from Big Bend Prison
The biblical Joseph is recorded in scripture as having said that, “You plotted evil against me, but God turned it into good.” And John C. Maxwell tells us “Joseph waited 14 years in prison for a crime he did not commit.” The bible has many men who spent time in prison on the orders of the rulers and kings of those times.
Surely, yes surely, our captors, the architects and proponents of Swaziland’s oppressive Tinkhundla regime, harbor intentions to hurt us so that we submit to their evil desires. And there is some good that has been the result of our persecution. Tinkhundla denialists, cynics, and prophets of doom do not accept it, but there can be no question that our conviction and prison sentence sharply drew the world’s focus to Swaziland in a manner unprecedented in recent times. In the light of the above scripture, this is the good God had intended, for he is the God of freedom, justice and equality. Archbishop Emeritus Desmond Tutu and daughter Mpho Tutu remind us that, “God has a profound reverence for our freedom. I often say that God would rather we go freely to hell than we be compelled to enter heaven.” Tinkhundla, has for so long, denied us our God-given fundamental human rights and basic freedoms and civil liberties. We seek to retain these, our rights and freedoms, no matter what price we have to pay. We shall never surrender.
There is yet another prisoner who spent 27 years in jail for his beliefs. This is the prisoner, in respect of whom, President Barack Obama said: “To the people of South Africa, people of every race and walk of life, the world thanks you for sharing Nelson Mandela with us.” Speaking for all of us, President Obama continued: “His struggle was your struggle. His triumph was your triumph. Your dignity and hope found expression in his life and your freedom. Your democracy is his cherished legacy.” How beautiful these words! Although on different conditions and circumstances, Mandela’s ideals are our ideals too.
In the context of those of us who are doing time in jail for what we believe in, the same ideals that drove Mandela, what better person is there to inspire, us if not Madiba himself? We know that those who have thrown us in jail are determined to do so in the future, and that they have acted out of prejudice. They have intended to hurt us, to break our spirit, our moral strength and crash our resilience so that we succumb to their evil desires. But we derive strength knowing that the world has stood, and continu
es to stand, with us and by us.
Prison is indeed meant to crush us because the conditions are horrendous. As Mandela said in 1967, we say so in 2015, from the king’s prison in Swaziland that for instance, “no pillows are provided and we forced to use other articles…as pillows.” Not only are we denied proper bedding such as pillows and bedding sheets, we do not “have the right to sleep in pyjamas.” One is forced to either to “sleep naked with only blankets as a cover,” or sleep in one’s own prison garments, turned inside out, to keep them neat and clean.
Over and above this, we must put up with sleeping on the floor and use tiny canvas mats. To spice it all, prison life is routine, including the meals of cabbage, beans and a very small piece of chicken. Just as much as the barbaric and oppressive Tinkhundla regime seeks to deny and deprive us of our value as full human beings, it is absolutely correct that “prison and the authorities conspire to rob each man of his dignity. Prison not only robs you of your freedom, it attempts to take away your identity.”
So, while we fight the many injustices and indignities of Tinkhundla outside these prison walls, we have almost similar battles to fight in prison. And the early campaigners of human rights, freedom and democracy on whose footsteps we follow were right that prison, for all intents and purposes, is a minor image of the bigger system outside.
In spite of the prison hardships, we are not deterred. We are not discouraged. We are not fazed. We are not shaken. We are not intimidated. Yes, we are not broken.
While President Obama spoke well for all of us in thanking South Africa for sharing Madiba with the world, we are also grateful for the life of Reverend Martin Luther King Jr. Here is a leader who said: “Nobody with any sense likes to go to jail. But if he puts you in jail, you go in that jail and transform it from a dungeon of shame to a haven of freedom and human dignity.” And he goes on to say,” and even when he tries to kill you, you develop the inner conviction that there are some things so dear, some things so priceless, some things so externally true that they are worth dying for.” This is the man who tells us that, “and I submit to you that if a man has not discovered something that he will die for, he isn’t fit to live.”
Please allow us to say that we are in prison because we are very fit to live. We are not ashamed, for there is nothing to be ashamed of for standing up for what is right, what is high, what is noble. There is nothing to be ashamed of for standing up for good against an evil system. There is absolutely nothing to be ashamed of for standing up for something great. We are not broken because these, our teachers, these our mentors, tell us that if some ideals are worth living for, then they are equally worth sacrificing for, and if need be, are worth dying for.
As we draw to a conclusion, it pains us to hear the leaders of our country raising a hullaballoo about “enemies of the country,” people who “tarnish the image of the country,” and the “jealous people.” We want to say that the true and real enemies of Swaziland, and its people, are those who are opposed to democracy. The true enemies of Swaziland, and its people, are those who undermine the rule of law. The true jealous people are those who continue to trample, suppress and abuse the fundamental human rights and basic freedoms and civil liberties of the rank and file of our people. Those who say we attack and condemn the country are completely missing the point, are misguided and misdirected.
Swaziland, our country, is a tiny and beautiful land. Its people are humble, equally beautiful and equally hospitable. It is the Tinkhundla system that has an image problem. And this distinction is important. If Tinkhundla, as a system of government has any image at all, it has an image of oppression, and it only has itself to blame.
You see, Tinkhundla must realize that, at best, it is like a Christian who refuses to accept that all have sinned and are in need of the grace of God. At worst, Tinkhundla, by its very nature and character, is like a man, or a drunken man, who looks at himself in the mirror and sees how horrible he looks and then says, “O, this is not me.” Such a man begins to point a figure and accuses his children and his neighbours for his own self-created bad image. Accordingly, for as long as Tinkhundla and the leadership of our country remain recalcitrant and intransigent about change, we have a right, responsibly and obligation to name and shame it until it succumbs to the demand for democratization.
In closing, the Tinkhundla leaders, its supporters, its fans and proponents, may call us whatever names they choose. They shall never conquer our spirits. They may keep us in jail as much as they please, but they can never arrest our ideas. So, in the final analysis, Madiba who inspires us right here in prison, is right when he says: “It is only my flesh and bones that are shut up behind these tight walls. Otherwise, I remain cosmopolitan in my outlook; in my thoughts I am as free as a felon.”
Since that fateful day on March 17, 2014 the failure of leadership in our country has been proved beyond any shadow of doubt that Tinkhundla has dismally failed. We need to unite around a discussion table to negotiate the birth of a new democratic society, a new and democratic Swaziland. In the words of the great Mahatma Gandhi, we seriously believe in the righteousness of our cause.
We are short of sweet and beautiful words to express thanks to the thousands around the world who have supported us. We cannot be more grateful. The great mentor speaks for us when he says, “We shall never forget how millions around the world joined us in solidarity to fight the injustice of our oppression while we were incarcerated.” Indeed, we draw strength and sustenance from the knowledge that we are part of a greater humanity.
Writing from a narrow prison cell to the church of the Philippians, the charismatic Paul said: “I think of you…because of the way in which you have helped me…you are always in my heart.” From prison, we adopt Paul’s words as ours and say: Thank you, thank you, and thank you. God bless you.
Yours sincerely,
Thulani Rudolf Maseko
Prisoner 579/2014
His Majesty’s Big Bend Prison
Lubombo, Swaziland
Leading legal voices intervene at UN level in the case of detained Swazi lawyer Thulani Maseko
From the International Commission of Jurists:
Leading legal voices intervene at UN level in the case of detained Swazi lawyer Thulani Maseko
Alleging a range of human rights violations by Swaziland in the cases of Thulani Maseko and Bheki Makhubu, leading legal advocates today filed a petition with the UN Working Group on Arbitrary Detention (UNWGAD) in Geneva.
The American Bar Association’s Center for Human Rights, the global law firm Hogan Lovells and the ICJ jointly produced a petition calling for the UNWGAD to issue an opinion regarding the lawfulness of the continued incarceration of Thulani Maseko, an internationally recognized human rights lawyer and feature writer for The Nation magazine.
“The consequences of this arbitrary action against Thulani Maseko have not only violated his rights and exacted a heavy personal toll, but have also highlighted the rule of law deficit in Swaziland,” said Wilder Tayler, ICJ’s Secretary General. “Thulani Maseko has been denied his right to express an opinion on public affairs and the administration of justice, guaranteed under international law and affirmed in the UN Basic principles on the Role of lawyers.”
Thulani Maseko and journalist Bheki Makhubu were charged with two counts of contempt of court emanating from articles published in February and March 2014, in which they questioned circumstances surrounding the arrest of a government vehicle inspector.
They were sentenced to two years of imprisonment, without the alternative option of a fine at the end of a trial largely condemned by leading international rights groups as unfair and not complying with international standards on the right to a fair trial.
Some of the fair trial guarantees that have been breached, according to the legal petition filed with the UNGWAD, include the right to be tried by an independent and impartial tribunal; right to a public hearing; right to a legal counsel; right to the presumption of innocence; right to bail; and right to protection of the law.
“The use of contempt of court proceedings to suppress the right to freedom of expression is a violation of international human rights law,” said Marc Gottridge, partner at Hogan Lovells. “The right to freedom of expression is guaranteed in the Swazi constitution and international law, including treaties to which Swaziland is a party.”
“The general failings of the Swazi judiciary with respect to independence and impartiality makes it reasonable to conclude that there cannot be an effective domestic remedy for Thulani Maseko,” he added.
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, t 
+27 716 405 926 or +41 762 399 032, e arnold.tsunga(a)icj.org,
Matt Pollard, Senior Legal Adviser, ICJ, Centre for Independence of Judges and lawyers, t +41 22 979 38 12, e matt.pollard(a)icj.org
Marc Gottridge, Partner Hogan Lovells, t +1 212 918 3000, e marc.gottridge(a)hoganlovells.com
Ginna Anderson, Senior Counsel, Center for Human Rights, American Bar Association, t +1 202 442 3438, e ginna.anderson(a)americanbar.org
Background:
Thulani Maseko was arrested on 17th March 2014 following a warrant of arrest that was issued by the Chief Justice Michael Ramodibedi on his own motion.
This was after he had written an article titled “Where the Law Has No Place” criticising the courts for the way that a fellow Swazi citizen Mr Gwebu Bhantshana had been arrested and detained and the wider implications of that case on the rule of law in Swaziland.
Save for 3 days in April 2014 when he was released following Judge Mumcy Dlamini’s judgment declaring his arrest and detention wrongful and illegal, Thulani has been in custody since his initial arrest. Mr. Maseko was initially held at Sidwashini Correctional facility before he was taken to Big Bend Correctional facility, where he is currently lodged.
Further background material can be found here:
http://www.americanbar.org/news/abanews/aba-news-archives/2014/04/statement_of_jamesr.html
http://www.icj.org/swaziland-icj-concerned-at-detention-of-human-rights-lawyer-and-journalist/
Download the petition:
Swaziland-Maseko WGAD Petition-Advocacy-2015-Eng (full text in PDF)
The lawyers at Hogan Lovells US LLP who worked on this petition are Marc Gottridge, Dianne Milner, Allison Holt and Hans H. Hertell.
SwaziJustice Video Updated
Watch it again today.
Special thanks to the following individuals for their participation in the #SwaziJustice video:
Desmond Tutu, Nobel prize winning Social Rights Activist and retired Anglican Bishop
Alfre Woodard, actress and human rights activist
David Kaye, UN Special Rapporteur on Freedom of Expression
Juan E. Mendez, UN Special Rapporteur on Torture
Rafael Marques, Journalist and Human Rights Activist
Samuel Kofi Woods, former Liberian Minister of Justice and Human Rights Activist
Kerry Kennedy, President, RFK Center for Justice and Human Rights
Mark Ellis, Executive Director, International Bar Association
Joel Simon, Executive Director, Committee to Protect Journalists
Hadar Harris, Executive Director, American University Center for Human Rights & Humanitarian Law
Don Mullan, Best-selling Author and Humanitarian
David Kramer, President, Freedom House
Santiago Canton, Executive Director of RFK Partners for Human Rights
Thanks also to filmmakers Andy Laub and Lorie Conway for their help on creating the #SwaziJustice video and to filmaker Simon Bright for use of some of his clips from “The King and The People”.
The excerpts of Thulani Maseko’s statement which was used for the video can be found here.
The full text of Thulani Maseko’s statement from the Dock can be found here.
#SwaziJustice coalition condemns today’s decision by Swaziland’s Supreme Court: Thulani Maseko and Bheki Makhubu to remain in prison
We strongly and collectively condemn the decision issued this morning by the Supreme Court of Swaziland to reject the dismissal of charges against human rights attorney Thulani Maseko and journalist Bheki Makhubu. Today’s decision was announced without comment or explanation from the presiding judges, in violation of widely recognized international legal standards. The conviction and continued detention of Mr. Maseko and Mr. Makhubu violates the constitution of Swaziland, as well as regional and international legal commitments that the country has signed and ratified.
Mr. Maseko and Mr. Makhubu have been imprisoned for nearly 300 days. They were arrested in March of this year, following the publication of articles in which they criticized the arrest of a government vehicle inspector who, in the performance of his official duties, had impounded a judge’s car due to suspected improper use. Mr. Maseko and Mr. Makhubu’s arrests were immediately challenged in court. On April 6, Judge Mumcy Dlamini dropped the charges against them, saying the arrests were “unconstitutional, unlawful and irregular.” Three days later, Chief Justice Michael Ramodibedi ordered the two men re-arrested, after which a highly irregular trial ensued, ultimately resulting in their conviction in July. Mr. Maseko and Mr. Makhubu were given severe and disproportionate sentences of two years in prison and a significant fine.
Thulani Maseko and Bheki Makhubu have been declared prisoners of conscience by Amnesty International. In addition, a wide range of international human rights organizations, including the American Bar Association, the Committee to Protect Journalists, the International Commission of Jurists, the International Federation for Human Rights, Freedom House, the American University Washington College of Law Center for Human Rights & Humanitarian Law, and the Robert F. Kennedy Center for Justice and Human Rights, have condemned their conviction and unlawful detention. Archbishop Emeritus Desmond Tutu, several United Nations Special Rapporteurs, and a growing list of high profile figures have spoken out on their behalf.
Today, the Supreme Court of Swaziland had the opportunity to correct a grave miscarriage of justice. Instead, it issued yet another flawed decision – in a series of already irregular and suspect decisions in this case – grounded neither in the fair and impartial application of the law or in the administration of due process.
Today, there is no justice in Swaziland.
In light of these developments, the ongoing miscarriage of justice against human rights defenders, and based on the findings of our recent delegation visit to Swaziland, we call for the:
- Immediate and unconditional release of Thulani Maseko and Bheki Makhubu;
- Prompt administration of a fair, impartial and timely appeal;
- End of the ongoing harassment and intimidation of journalists and human rights defenders;
- Support, both public and private, for free expression and an independent media in Swaziland.
#SwaziJustice Team Reports Back on Trip to Swaziland and Provides Case Updates
Speakers Included:
- Hadar Harris, Executive Director of the Center for Human Rights & Humanitarian Law at American University Washington College of Law
- Stephen Donaghy, Swaziland Expert
- Ginna Anderson, Senior Counsel, ABA Center for Human Rights
- Jeffrey Smith, Advocacy Officer, RFK Center for Justice and Human Rights
- Jamie Skaluba, Swaziland Country Specialist, Amnesty International
Watch the full video of the event here.
New! #SwaziJustice Video
Special thanks to the following individuals for their participation in the #SwaziJustice video:
Desmond Tutu, Nobel prize winning Social Rights Activist and retired Anglican Bishop
Alfre Woodard, actress and human rights activist
David Kaye, UN Special Rapporteur on Freedom of Expression
Juan E. Mendez, UN Special Rapporteur on Torture
Rafael Marques, Journalist and Human Rights Activist
Samuel Kofi Woods, former Liberian Minister of Justice and Human Rights Activist
Kerry Kennedy, President, RFK Center for Justice and Human Rights
Mark Ellis, Executive Director, International Bar Association
Joel Simon, Executive Director, Committee to Protect Journalists
Hadar Harris, Executive Director, American University Center for Human Rights & Humanitarian Law
Don Mullan, Best-selling Author and Humanitarian
David Kramer, President, Freedom House
Santiago Canton, Executive Director of RFK Partners for Human Rights
Thanks also to filmmakers Andy Laub and Lorie Conway for their help on creating the #SwaziJustice video and to filmaker Simon Bright for use of some of his clips from “The King and The People”.
The excerpts of Thulani Maseko’s statement which was used for the video can be found here.
The full text of Thulani Maseko’s statement from the Dock can be found here.
Two Years in Jail for Criticizing Top Swaziland Judges
On the morning of Friday, July 25, 2014, prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu received harsh two-year prison sentences, handed down by Judge Mpendulo Simelane in Swaziland. Maseko, a decorated human rights activist and lawyer, and Makhubu, a prominent editor and journalist, have been repeatedly detained for publishing articles that lamented continued threats to judicial independence in Africa’s last absolute monarchy. In the articles at issue, the two criticized the prosecution of a government vehicle inspector who was arrested after he impounded a vehicle used by a top judge and associate of King Mswati III. In the sentencing, Judge Simelane stated in court that the accused were a “disgrace” and that the harsh sentences were premised on the assumption that the two were plotting “regime change” in Swaziland.
Over the course of the past several months, there have been widespread and repeated concerns about the fairness of the court proceedings, which many critics say have not met basic international standards. In particular, the “contempt of court” charge in Swaziland typically carries no custodial sentence, leaving many to conclude that the court case has deeper political motivations.
On June 12, 2014, a group of four United Nations Special Rapporteurs criticized the court’s decision, saying: “We condemn the repeated arrests, detention and trial of Mr. Maseko and Mr. Makhubu and are concerned that these may be directly related to their legitimate exercise of the right to freedom of expression,” noting that the Constitution of the Kingdom of Swaziland recognizes the rights to freedom of expression and the right to a fair trial.
Human rights organizations have expressed their concern that Swaziland is not adhering to basic international standards or their own constitution. Freedom of expression is a fundamental human right, guaranteed in Article 24 of the Constitution of Swaziland (2005) and in the major international human rights treaties to which Swaziland is a party, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples’ Rights (African Charter). Mr. Maseko and Mr. Makhubu have the right under both the Constitution of Swaziland and well-established international law to publish their opinions concerning the administration of justice in Swaziland.
Also of grave and ongoing concern are the fundamental rights of Mr. Maseko and Mr. Makhubu to be arraigned and tried before an impartial tribunal. Article 14 of the ICCPR states that “[i]n the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” Similarly, Article 7 of the African Charter guarantees the right to be tried “by an impartial court or tribunal.”
On November 3, 2014 a hearing in the case is scheduled at the Supreme Court of Swaziland in which charges could potentially be dropped.
Take action now by clicking here!
#SwaziJustice 
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