UN steps in to free two men from EG

Update

GEORGE NEWS - The United Nations (UN) Working Group on Arbitrary Detention has issued a Formal Opinion that the detention of Frederik (Frik) Potgieter (54) and Peter Huxham (55) in Equatorial Guinea (EG) is arbitrary and illegal.

They are now calling for their immediate release.

The UN decision is a material finding that confirms Potgieter and Huxham's innocence, and that their ongoing detention in EG is a grave violation of various international human rights conventions.

Arbitrary detention

Arbitrary detention occurs when someone is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for deprivation of liberty. In essence, it is an unlawful detention.

Francois Nigrini and Shaun Murphy, spokespersons for the Huxham and Potgieter families, said that there has never been a shred of doubt about Frik and Peter's innocence.

"We believe that their arrests were in retaliation for SA courts having seized the luxury properties and super yacht belonging to Vice President of EG Teodore Nguema Obiang, just two days prior to Frik and Peter's arrest.

"We have also known that their arrests and detention are illegal, and so feel deeply vindicated by the UN Working Group on Arbitrary Detention's declaration that their arrests and detention are unlawful."

The families have also requested the formal assistance of the Pan-African Parliament to secure urgent release.

A formal request was handed over to the Presidency of the Pan-African Parliament on 24 June, asking the institution to intervene to secure the men's urgent release. They also held a peaceful protest outside the parliament building.

Background to the case

The two highly qualified and respected engineers were working in EG for a global oil and gas company when they were arrested on allegedly fabricated drug charges. Their arrests took place just two days after South Africa seized Obiang's luxury super yacht and his two luxury Cape Town villas.

These assets were seized following a court ruling on a separate, unrelated matter. The super yacht has since been released, but the villas remain impounded, and the men remain in prison in EG.

Sentence

Their court case took place in EG in June 2023. And according to the families, no credible evidence, witnesses, or expert testimonies were presented to the court by the state, nor was any proof presented that the alleged drugs were found in the two men's possession.

It was alleged that the drugs were found in their luggage, however, according to the family, their luggage, combination-locked and unopened, was still in their rooms five days later, when their employer collected it in the presence of hotel management and the local police.

The accused's attorneys were also not given the opportunity to challenge or argue the prosecutor's allegations.

The men each received a 12-year prison sentence and were ordered to pay $5 million each in damages.

"With this important and ground-breaking decision from the United Nations, we now strongly urge all involved, including governments, the oil majors (Chevron and ExxonMobil) that Frik and Peter ultimately work for in Equatorial Guinea, civil society and the international community at large, to steeply accelerate their efforts to bring them home.

Their freedom is not just a legal obligation; it is a moral imperative," said the families. The families have launched an online petition, website and social media campaign to share their story and demand their urgent release.

Huxham's fiancé Kathy McConnachie (left) and Sonja Potgieter during the protest in front of the Pan-African Parliament building.