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Statement on the extradition of Simon Mann
Zimbabwe Lawyers for Human Rights (ZLHR)
February 05, 2008

Zimbabwe Lawyers for Human Rights (ZLHR) expresses its grave concern over the surreptitious extradition of Mr. Simon Francis Mann to Equatorial Guinea on 31 January 2008 despite the fact that legal process in Zimbabwe had not been completed and there being a strong threat of serious violations of human rights, including torture, being exercised against him by state authorities in Equatorial Guinea. International law prohibits the removal of an individual to a country where s/he is likely to be tortured or suffer other grave human rights violations.

It is also disturbing to note that Mr. Mann’s extradition was carried out by the Zimbabwean Government despite Mr. Mann’s lawyers having made it clear that an appeal would be made to the Supreme Court to challenge the decision in the High Court ordering his extradition and the fact that judgment was passed on their client by a judicial officer who was the Acting Attorney General prosecuting Mann when the case was first brought to the courts. This can be seen as a violation of the principle of separation of powers and the right of Mann to be tried by an impartial judicial authority.

Mr. Mann’s lawyers were reported to have attended at remand prison only to find their client missing as he had been "taken" by the police. It was later confirmed by authorities themselves that the deportation was effected with the complicity of immigration authorities, the police, the prison services, and officials from the Zimbabwe Defence Forces in the dead of night before an appeal could be noted, which would have had the effect of suspending the order of the lower court. It is our view that this is an unlawful and intentional act by state authorities to obstruct and defeat the course of justice in violation of domestic laws and international standards to which the Zimbabwean government has voluntarily bound itself.

Mr. Mann was arrested together with 61 other men in March 2004 at Harare International Airport where they were found in possession of weapons en route to Equatorial Guinea. He was found guilty for contravening Zimbabwe’s aviation, immigration and firearms laws and sentenced to a four-year jail term at Chikurubi Maximum Security Prison. Upon the expiration of Mr. Mann’s prison term Equitorial Guinea requested his extradition from Zimbabwe to face trial on charges of conspiring or attempting to assassinate the head of the state, compromising the peace of the state and illegally changing the organisation of the government. During court proceedings over the extradition of Mr. Mann it was argued on his behalf that he had been severely tortured by members of the military intelligence and Central Intelligence Organisation operatives, both at the time of his arrest, and whilst in prison. It was further argued by Mr. Mann’s lawyers that he should not be extradited as he faced a serious and genuine threat of being subjected to violations of his human rights, including torture, given that Equatorial Guinea has an appalling human rights record.

Indeed Zimbabwe’s Extradition Act provides that there can be no extradition of a person to a requesting country where that person reasonably suspects that he would be subjected to torture. This provision echoes the UN Convention Against Torture which states under Article 3 (1) that "No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture".

ZLHR deplores the conduct by government in extraditing Mr. Mann to a country where he clearly faces torture and other human rights violations, a country where those already serving prison terms for allegedly plotting against the Equatorial Guinean government have already reported cases of torture. Further, ZLHR is concerned that Mr. Mann’s extradition was carried out before his constitutionally protected domestic remedies had been exhausted, thereby undermining the authority of the judiciary in determining one’s freedom and protection of their rights. Mr. Mann should be provided access to his lawyers and returned immediately to Zimbabwe to allow him to exercise his fundamental rights and allow for a conclusion of the local judicial process.

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