UN experts warn US deportees in Equatorial Guinea face risk of torture, death

United Nations (UN) human rights experts have issued an urgent warning that individuals deported from the United States to Equatorial Guinea are at imminent risk of being unlawfully sent onward to countries where they could face persecution, torture or death.

In a statement, the experts stressed that any such removal would violate the international legal principle of non-refoulement, which prohibits states from transferring people to places where they face serious harm.

The protection, the experts say, is absolute under international law and applies regardless of bilateral migration arrangements.

“States must ensure that no one is returned, directly or indirectly, to a situation where their life, freedom or physical or mental integrity would be in danger,” the experts said, in the statement co-signed by a representative of the African Commission on Human and Peoples’ Rights.

The warning comes in relation to at least nine individuals currently detained in Malabo,  Equatorial Guinea, after being deported from the United States under a bilateral transfer arrangement.

The group is part of at least 29 people who had previously been granted protection by US immigration judges under safeguards, including withholding of removal orders and protections under the Convention Against Torture. The detainees include nationals of Angola, Eritrea, Ethiopia and Mauritania.

According to the experts, their prior legal status in the US highlights the seriousness of the risk they now face if further deportations proceed.

The experts also raised concerns about the procedures surrounding the detainees’ potential removal. Reports cited in the statement indicate that Equatorial Guinea security officials have approached detainees with documents written in Spanish and requested signatures to complete deportation processes.

Such practices, the experts warn, may raise serious due process concerns, particularly if individuals do not understand the documents or lack access to legal counsel.

The experts similarly highlighted what they described as systemic safeguards failures, including restricted access to lawyers, limited communication with counsel, the absence of individualised risk assessments prior to removal decisions, and concerns about detention conditions.

“Authorities must carry out individualised and independent protection assessments, ensure that detention conditions meet international standards, including access to medical care and basic necessities, including sexual and reproductive health,” they said.

The experts subsequently urged Equatorial Guinea authorities to suspend any deportations involving individuals at risk, ensure full access to legal assistance and guarantee that each case is subject to independent, individualised assessment before any removal proceeds.

“We call on the Government of Equatorial Guinea to immediately suspend any deportations of individuals at risk, ensure full respect for the principle of non-refoulement and guarantee prompt access to legal assistance and effective remedies,” they said.