EXTERNAL (for general distribution)AI Index: AFR 55/07/90

Distr: UA/SC

11 December 1990

Further information on UA 468/90 (AFR 55/05/90, 16 November, and follow-up AFR 55/06/90, 23 November) - Legal Concern

SWAZILAND : Sabelo DLAMINI

Boy MAGAGULU

Dominic MNGOMEZULU

Ray RUSSON

Mphandlana SHONGWE

Ray Russon and Sabelo Dlamini are currently in hospital in a weak state of health after spending over two weeks on hunger-strike in protest against their redetention without charge under renewable 60-day detention orders. On 9 December 1990 they learned that the Swaziland authorities were considering withdrawing the detention orders imposed on them. Apparently as a result, they agreed to suspend their hunger-strike, but it is expected that they may resume it if the issue is not dealt with promptly. Their 60-day administrative detention orders, which can be renewed on the authorization of the Prime Minister, are due to expire on 14 January 1991.

Ray Russon and Sabelo Dlamini went on hunger-strike on 23 November 1990 after being handed over to Swaziland police by the South African police at the Oshoek border post. According to press reports, the South African Police at Oshoek border post questioned them about the activities of the African National Congress in Swaziland and returned them to Swaziland because they refused to answer questions. They were transferred to hospital on the eighth day of their hunger-strike, reportedly because Sabelo Dlamini collapsed. Sabelo Dlamini was assaulted by the police during a raid on the university campus on 14 November, and was still suffering from his injuries at the time of his redetention. Amnesty International regards the two men as prisoners of conscience and has expressed to the Swaziland authorities its grave concern for their health.

Boy Magagulu, Dominic Mngomezulu and Mphandlana Shongwe are also still being held under renewable 60-day detention orders. Amnesty International also considers them to be prisoners of conscience and is urging the Swaziland government to release all five detainees immediately.

Amnesty International also remains concerned by reports that more than 80 students received hospital treatment after they were severely beaten by police who entered the University of Swaziland campus on 14 November 1990, apparently to suppress a peaceful student boycott of classes which had been called to protest against the expulsion of Sabelo Dlamini from the university. Reports indicate that in addition to the 80, many other students received treatment at other clinics and that yet more who required treatment did not go to hospital out of fear of arrest. There is evidence to suggest that at least three students died as a result of the beatings inflicted on them by the police, and were thus victims of what appear to have been extrajudicial executions. In view of the gravity of these allegations, Amnesty International is urging the Swaziland authorities to institute a full, open, impartial and independent inquiry into the actions of the police on 14 November, the findings of which should be made public, and to bring to justice any members of the police or security forces found to be responsible for human rights violations.

FURTHER RECOMMENDED ACTION: Telegrams/telexes/faxes/express and airmail letters:

- welcoming reports that the Swaziland authorities have indicated their willingness to consider the lifting of the 60-day detention orders currently in force on Ray Russon and Sabelo Dlamini;

- urging them to give the same consideration to the cases of Boy Magagulu, Dominic Mngomezulu and Mphandlana Shongwe;

- stating that Amnesty International considers all five men to be prisoners of conscience, detained on account of peaceful political activities, and calling for their immediate release.

IN SOME APPEALS: expressing concern at reports that police inflicted severe beatings on students at the University of Swaziland campus on 14 November 1990, as a result of which at least three students are said to have died, and urging the authorities to institute a full, open, impartial and independent inquiry into the actions of the police on 14 November, the findings of which should be made public, and to bring to justice any members of the police or security forces found to be responsible for human rights violations.

APPEALS TO:

His Majesty King Mswati III

PO Box 1

Lobamba, Swaziland

Telegrams: HM King Mswati, Swaziland

The Right Hon. Obed Dlamini

Acting Prime Minister

Office of the Prime Minister

PO Box 395

Mbabane, Swaziland

Telegrams: Acting Prime Minister, Mbabane, Swaziland

Faxes: + 268 43943

Mr Zonke Khumalo

Minister of Justice

PO Box 924

Mbabane, Swaziland

Telegrams: Justice Minister, Mbabane, Swaziland

Telexes: 2017 COMPOL WD

Faxes: + 268 42092

Mr Sandile Mdziniso

Commissioner of Police

c/o Office of the Prime Minister

PO Box 395

Mbabane, Swaziland

Telegrams: Police Commissioner, Mbabane, Swaziland

Faxes: + 268 44545

COPIES TO:

- Attorney General, Attorney General's Chambers, PO Box 578, Mbabane, Swaziland

- The President, The Swaziland Law Society, Box No. 24, Mbabane, Swaziland

- The Times of Swaziland, PO Box 156, Lansdown House, Post Street, Mbabane, Swaziland

and to diplomatic representatives of Swaziland in your country.

Please organize some appeals from lawyers, academics or students.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 22 January 1991.