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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 serious infringement of their human rights. The claimants, who hail from Cuba, Jamaica, and Yemen, are challenging their treatment following their transfer to Eswatini rather than being returned to their countries of origin after serving their sentences in the US.
Background of the Case
The deported individuals were part of a group sent to Eswatini in July 2025, with an additional cohort following in October of the same year. While two of the men remain incarcerated in Eswatini, the third, Orville Etoria, has since returned to Jamaica. According to their legal representatives, the men have been held in the Matsapha correctional complex for approximately eight months without having committed any offences in Eswatini.
The allegations put forth in their complaint focus on human rights violations that the men have reportedly faced during their detention. Beatrice Njeri, a lawyer associated with the Global Strategic Litigation Council, highlighted the severity of their situation, stating, “The people in detention have committed no crime [in Eswatini] and continue to undergo various human rights violations … they are being held indefinitely.”
The Legal Proceedings
The complaint has been submitted to the African Commission on Human and Peoples’ Rights (ACHPR), an organ of the African Union that oversees adherence to human rights agreements among member states. While the ACHPR can advocate for the enforcement of rights and escalate matters to the African Court on Human and Peoples’ Rights, it lacks the capacity to impose binding decisions.
Njeri expressed her concern regarding the detainees’ lack of access to legal counsel, noting that one individual had resorted to a hunger strike for thirty days, which led to alarming health issues. “They’re totally frustrated with the situation,” she remarked. “They just want to go back – some of them home, some of them to the US.”
Eswatini’s Government Response
In response to the unfolding situation, Thabile Mdluli, a spokesperson for the Eswatini government, asserted the Kingdom’s dedication to upholding human rights and emphasised that the detainees are not imprisoned but are being held in a secure environment during the necessary administrative processes for their repatriation. Mdluli stated, “It would be premature to indicate precisely when each individual will return to their respective countries of origin.”
The US has been involved in deporting numerous individuals to third countries, a process that has intensified under previous administrations. Eswatini received a financial incentive of $5.1 million to accept these deportees, with the arrangement reflecting a broader trend where the US has partnered with countries like Ghana, Rwanda, South Sudan, and Uganda for similar purposes.
Legal Challenges and Implications
In a recent ruling, Eswatini’s high court dismissed a lawsuit from local advocacy groups that argued the deportees’ detention was unconstitutional. The court concluded that the applicants lacked sufficient standing to pursue the case. This decision highlights the complex legal landscape surrounding the treatment of deportees within the nation.
The ongoing legal battle underscores significant ethical questions regarding the treatment of individuals deported to countries where they have no ties and the responsibilities of nations in ensuring humane treatment.
Why it Matters
This case not only raises critical issues of human rights and legal accountability but also sheds light on the broader implications of international deportation policies. As nations navigate the murky waters of immigration enforcement, the treatment of these men in Eswatini serves as a poignant reminder of the potential for systemic injustice faced by vulnerable individuals caught in the crossfire of national policies. The outcome of this legal action could set a precedent for the treatment of deportees and the obligations of states to uphold human rights, irrespective of their legal status.
