A scheduled court hearing in Eswatini concerning the ongoing detention of four men deported from the United States was marked by the unexpected absence of the presiding judge.
This legal proceeding, set for Thursday, was initiated by multiple non-governmental organizations contesting the legality of holding these individuals-originating from Cuba, Laos, Vietnam, and Yemen-without formal charges.
These men were transferred to Eswatini in mid-July as part of former President Donald Trump’s aggressive policy aimed at deporting large numbers of migrants and asylum seekers from the US.
Trump’s administration controversially employed “third-country” deportations, relocating non-citizens to nations other than their countries of origin.
Among the African nations involved in this practice are Eswatini, South Sudan, Ghana, and Rwanda, with over 30 individuals deported to the continent since July.
Human rights organizations have raised serious concerns about the constitutionality and humanitarian implications of these deportations, emphasizing that the deportees are often placed in unfamiliar environments where language barriers and legal protections are lacking.
There is widespread apprehension that these individuals may be deprived of due process rights, especially in countries with authoritarian governance or political instability.
Specifically, in Eswatini-a small, landlocked nation in Southern Africa-US-based attorneys assert that the four men currently detained have been denied access to legal representation.
They have been confined for over two months at Matsapha Correctional Complex, the country’s highest-security prison.
No explanation was provided for Judge Titus Mlangeni’s failure to attend the hearing on Thursday.
Zakhithi Sibandze, national coordinator of the Swaziland Rural Women’s Assembly-one of the NGOs involved in the lawsuit-accused Eswatini officials of deliberately stalling the judicial process to evade scrutiny.
Another legal action, filed by an attorney seeking to represent the deportees, has also faced repeated postponements.
Eswatini remains one of the few absolute monarchies globally, where the king governs by decree.
Earlier this week, Human Rights Watch condemned the deportations to Eswatini and other countries, drawing attention to the financial arrangements underpinning these agreements.
The organization revealed that the US committed $5.1 million to enhance Eswatini’s border and migration management capabilities in return for accepting up to 160 deportees.
Human Rights Watch criticized the severe conditions endured by the four men in detention.
“These deals implicate African governments in the Trump administration’s egregious violations of immigrant human rights,” stated Allan Ngari, the group’s Africa advocacy director.
On September 19, Amnesty International echoed these concerns, condemning the treatment of the deportees in Eswatini.
Amnesty highlighted that despite numerous attempts by legal counsel to meet privately and confidentially with their clients, officials obstructed these visits and later suggested monitored or video-only interactions, which fall short of international legal standards.
The organization urged Eswatini authorities to grant the detainees confidential legal access and to justify their detention with legitimate legal grounds.
Initially, five men were deported to Eswatini during the US’s first deportation flight. However, the Eswatini government announced on Monday that one individual had been repatriated to Jamaica the previous day.
The repatriated man was identified as Orville Isaac Etoria.
“Mr. Etoria has safely returned to Jamaica, where he was warmly received by his family,” the Eswatini government stated.
The remaining four men continue to be held in detention as efforts to repatriate them proceed.
Etoria, who arrived in the US as a child, had served a 25-year prison sentence for crimes committed in the US before being deported to Eswatini and subsequently re-incarcerated, according to the Legal Aid Society based in New York.
The US Department of Homeland Security claimed in July that the five deportees sent to Eswatini had been convicted of offenses “so heinous that their countries of origin refused to accept them.”
Etoria was reported to have been convicted of murder.
However, Eswatini’s government later stated that some of the countries involved had contacted them to dispute claims that they had rejected their nationals.
Despite Etoria’s return to Jamaica, organizations like Amnesty International continue to demand explanations from Eswatini regarding his prolonged detention without charges and lack of confidential legal access.
“While Mr. Etoria’s safe return is welcome, it should not silence inquiries into the conditions of his detention and denial of legal rights,” said Tigere Chagutah, Amnesty’s regional director for East and Southern Africa.
