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Urgent campaigns / Urgent Interventions / Equatorial Guinea / 2014 / February

Equatorial Guinea: Serious concerns for the safety of Mr Roberto Berardi, an Italian businessman currently detained in the prison of Bata

Case GNQ 280214

Torture and ill-treatment/ Solitary confinement/ Denial of medical care/ Fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Equatorial Guinea.

Brief description of the situation

TheInternational Secretariat of OMCT has been informed by a reliable source about the alleged torture, prolonged detention in solitary confinement and poor health of Mr Roberto Berardi, an Italian businessman, born on 5 January 1965 in Latina (Italy), detained since February 2013 in the prison of Bata, in the city of Bata. OMCT fears for his safety.

 

According to the information received, Mr Roberto Berardi has spent more than two months in isolation in the prison of Bata after receiving a visit from a representative of the Italian embassy in Cameroon (also covering Equatorial Guinea) on 14 December 2013. The visit reportedly took place in the presence of numerous prison officials and prevented Mr Roberto Berardi to have a private discussion with the Italian embassy representative. The next morning, on 15 December 2013, his cell was searched and in the evening he was placed in solitary confinement without further information.

Mr Roberto Berardi has reportedly only been able to communicate with the outside world thanks to a mobile phone that has been occasionally given to him since December. On 22 January 2014, he managed to speak with his wife’s lawyer and informed him about his conditions of detention. The isolation cell is about 2 and a half to 3 meters and can reach temperatures over 40 degrees Celsius. The door is reportedly only open once a day when he receives a bucket of water and food, which is poor and insufficient. The cell is infested with cockroaches and horseflies, and it lacks proper sanitation facilities.

Since his arrest and detention in January 2013, Mr Roberto Berardi has reportedly lost weight and has suffered from malaria and dysentery. He has also reported having suffered torture and ill-treatment by the prison guards on various occasions, including beating and flogging. Despite repeated requests, he was only allowed once access to medical attention, in June 2013. Furthermore, his lawyer has been denied access to the prison since August 2013.

The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr Roberto Berardi and recalls to the authorities of Equatorial Guinea that they are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, notably the United Nations (UN) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights.

OMCT urges the competent authorities to ensure that Mr Roberto Berardi is immediately granted full access to his lawyer, consular or embassy representative and proper medical attention.

The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment stressed in a 2011 report to the UN General Assembly that “solitary confinement is a harsh measure, which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions”. The Special Rapporteur therefore recommended that prolonged solitary confinement, in excess of 15 days, should be subject to an absolute prohibition (paras 79 and 88, Report A/66/268 to the UN General Assembly, August 2011).

Furthermore, OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment suffered by Mr Roberto Berardi, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

Background information

According to the information received, Mr Roberto Berardi, business partner of Mr Teodoro Obiang Nguema Mangue, Second Vice President of Equatorial Guinea and President Obiang’s eldest son, was arrested without a warrant late at night on 18 January 2013 at his home in Bata. He was held without charges for 21 days during which he was subjected to violence and denied access to a lawyer and family members. Mr Roberto Berardi was only later informed that his business partner had accused him of misappropriation, swindling and fraud of their company assets, Eloba Constuccuion S.A., which is operating in the construction sector. On 26 August 2013, the Bata Provincial Court sentenced him to 2 years and 4 months imprisonment for misappropriation. His trial was reportedly marred by irregularities.

According to the same information received, Mr Roberto Berardi had found out early 2013 about the asset forfeiture action by the United States Department of Justice against the US-based properties that his business partner had purchased by using accounts in Equatorial Guinea banks in the name of Eloba Construccion. Mr Roberto Berardi had subsequently raised the issue with his partner Mr Teodoro Obiang Nguema Mangue. There are reasons to believe that Mr Roberto Berardi could be a very damaging witness in the US investigation and was therefore arrested and imprisoned. 

Action requested

Please write to the authorities in Equatorial Guinea urging them to:

i.               Guarantee, in all circumstances, the physical and psychological integrity ofMr Roberto Berardi;

ii.              Cease the practice of solitary confinement and any other punitive measures;

iii.            Grant Mr Roberto Berardi full access to his lawyer, consular or embassy representative and his family, as well as guarantee that he is promptly examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;

iv.            Order his immediate release in the absence of valid legal charges and judicial process that are consistent with international legal standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal that will ensure due process at all time and allow the presence of international observers;

v.              Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

vi.            Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

- President Teodoro Obiang Nguema Gabinete del Presidente de la República Palacio del Pueblo Malabo, Equatorial Guinea, Fax: +240 333 09 3313/3334

- Attorney General, David Nguema Obiang, Fiscal General de la República, Fiscalía General de la República, Malabo, Equatorial Guinea, Fax: +240 333 09 1338/ 4961

- Minister of Interior and Local Administration, Clemente Engonga Nguema, Ministro de Interior y Corporaciones Locales, Ministerio del Interior y Corporaciones Locales, Malabo, Equatorial Guinea, Fax: +240 333 09 2683/ 2688/ 3406

- Permanent Mission of Equatorial Guinea to the United Nations in Geneva, Chemin de La Voie-Creuse 3C, 1202 Geneva, Fax: +41 22 734 39 60, Email: mision.guineaecuatorial_gva@yahoo.com

Please also write to the embassies of Equatorial Guinea in your respective country.

Geneva, 28 February 2014

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

Properties

Date: February 28, 2014
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Equatorial Guinea
Subjects: Arbitrary arrests and enforced disappearances, Threats, intimidation and harassment, Torture and violence

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