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Three men who were deported from the United States to Eswatini have initiated legal proceedings against the Eswatini government, alleging that their detention constitutes a breach of their human rights. This case, filed with the African Commission on Human and Peoples’ Rights, has drawn attention to the controversial practice of third-country deportations, particularly as the men contend they have already served time for their crimes in the US.
Background on the Deportees
The claimants, identified as individuals from Cuba, Jamaica, and Yemen, were part of a group of five men deported in July 2025. While two of the men have been held for eight months at the Matsapha correctional complex in Eswatini, the third, Orville Etoria, was repatriated to Jamaica in September 2025. Their lawyers assert that all three men are victims of a legal anomaly, having completed their sentences in the US for various offences.
The US authorities have classified the men as dangerous criminals; however, their legal representatives argue that their clients are not guilty of any wrongdoing in Eswatini. The ongoing detention has raised serious concerns regarding their treatment and legal rights.
Legal Proceedings and Human Rights Concerns
The complaint lodged with the African Commission on Human and Peoples’ Rights highlights the detainees’ claims of unlawful detention and various human rights violations. Beatrice Njeri, a lawyer from the Global Strategic Litigation Council, which is representing the detainees, stated, “The people in detention have committed no crime [in Eswatini] and continue to undergo various human rights violations… they are being held indefinitely.”
Njeri further disclosed that one of the detainees had resorted to a 30-day hunger strike, prompting severe health concerns, including signs of organ failure. “They’re totally frustrated with the situation,” she lamented. “They just want to go back – some of them home, some of them to the US.”
Despite these alarming circumstances, Eswatini’s government maintains that the individuals are not imprisoned but rather being accommodated in a secure setting while their repatriation procedures are finalised. Thabile Mdluli, a government spokesperson, reiterated the nation’s commitment to human rights, emphasising that the process remains ongoing without definitive timelines for the individuals’ return.
The Broader Context of US Deportations
The case underscores a troubling trend in US immigration policy, particularly under the administration of Donald Trump, which has seen the deportation of numerous immigrants to third countries. Reports indicate that the US has deported many individuals to nations such as Ghana, Rwanda, South Sudan, and Uganda, often as part of mass deportation initiatives. In Eswatini’s case, the US government has reportedly provided $5.1 million to facilitate the repatriation of up to 160 third-country nationals.
In February 2026, Eswatini’s high court dismissed a legal challenge from local NGOs contesting the constitutionality of the deportees’ detention. The court ruled that the NGOs did not possess the legal standing to bring forth the case, further complicating the detainees’ plight.
Why it Matters
This legal action not only reflects the dire circumstances faced by the deported individuals but also raises critical questions about the ethics and legality of third-country deportations. The case serves as a stark reminder of the complexities entwined in global immigration policies and human rights obligations. As nations grapple with the implications of such deportations, the outcome of this legal challenge could influence future practices and the treatment of individuals caught in the crosshairs of international diplomacy and domestic law enforcement.
