UN demands immediate release of SA engineers detained in Equatorial Guinea

The United Nations (UN) Working Group on Arbitrary Detention has declared the detention of two South African engineers in Equatorial Guinea as arbitrary and illegal.

It is demanding the immediate release of Frederik (Frik) Potgieter, a 54-year-old South African citizen, and Peter Huxham, a 55-year-old dual South African and United Kingdom citizen. The two were arrested in February 2023.

The UN condemned Potgieter and Huxham’s ongoing detention in Equatorial Guinea as a serious breach of various international human rights conventions.

Equatorial Guinea signed the UN International Covenant on Civil and Political Rights, which prohibits arbitrary detention – holding individuals without due process or legal protections, constituting unlawful imprisonment.

Francois Nigrini and Shaun Murphy, speaking on behalf of the Huxham and Potgieter families, stated: “There has never been any doubt about Frik and Peter’s innocence. Their families, employer, and the South African government have steadfastly maintained their innocence.

“We believe their arrest was retaliatory after South African courts seized luxury properties and a super yacht belonging to the Vice President of Equatorial Guinea, just days before Frik and Peter’s arrest. The UN Working Group’s declaration of their detention as unlawful provides deep vindication,” Nigrini and Murphy’s separate statement read.

‘It’s time to end their suffering’

“No country should condone unlawful actions against citizens of another nation. We urge both South Africa and the UK to take decisive action for their immediate release. Frik and Peter are innocent victims in an international dispute and have endured significant hardship for nearly 17 months. It is time to end their suffering and return them home to their families in South Africa.”

In addition to the UN ruling, the families have sought formal assistance from the Pan-African Parliament to secure Frik and Peter’s urgent release. On 24 June they submitted a formal request to the Parliament’s Presidency and staged a peaceful protest outside its headquarters in Midrand. The Pan-African Parliament serves as the legislative and oversight body of the African Union.

𝗕𝗥𝗘𝗔𝗞𝗜𝗡𝗚 𝗡𝗘𝗪𝗦:
Today the United Nations ruled that Frik and Peter’s detention in Equatorial Guinea is arbitrary and illegal, and they should be immediately released from unlawful imprisonment.

This confirms that their arrest and ongoing detention since 9 February… pic.twitter.com/JrsGaXRy84

— Freefrikandpeter (@frikandpeter) July 2, 2024

Case background

Frik and Peter, worked as engineers for a global oil and gas company in Equatorial Guinea, contributing to key income-generating projects for the country. Authorities arrested them on drug charges just two days after South African courts seized the luxury super yacht of Equatorial Guinea’s vice-president, Teodoro Nguema Obiang Mangue. Earlier, the South African courts had also seized the vice-president’s two luxury villas in Cape Town, Nigrini and Murphy’s statement read.

Following a court ruling in South Africa on an unrelated matter, authorities seized these assets. Although the super yacht has been released, the villas remain impounded. Frik and Peter remain imprisoned in Equatorial Guinea. They are caught in the diplomatic and political conflict between South Africa and Equatorial Guinea.

No proof of drugs was provided

Their court case, which took place in June 2023 in Equatorial Guinea, lacked credible evidence, witnesses, or expert testimonies presented by the State, reads the statement.

“The prosecution failed to provide any proof that drugs were found on the two men or that the substances were indeed drugs. Despite alleging that drugs were found in their luggage, their combination-locked and unopened luggage remained in their rooms five days later when their employer collected it in the presence of hotel management and local police. The court denied the accused’s attorneys the opportunity to challenge or argue against the prosecutor’s allegations.

“After this flawed trial, the court sentenced the men to 12 years in prison and confined them to a prison reserved for political prisoners in Mongomo. The court also ordered them to pay USD$5 million each in damages and additional fines. The sentences were based on outdated penalties, deviating from the country’s new criminal code.

Their families, church groups, communities, and professional peers deeply respect both men. They have received numerous accolades for their achievements and commitment to mentoring and promoting young, primarily local Equatorial Guinean employees into more senior roles, according to the report.

‘They are more than just names’

“Frik and Peter are not just names in a distant headline, but fathers, partners, grandfathers, and pillars in their communities, as well as valued team members on their respective vessels in Equatorial Guinea. They miss an eternity of moments and cherished memories every passing day.

“It is deeply distressing to consider the toll this tragedy has had on Frik and Peter’s bodies and mental wellbeing. They have endured over 500 days in prison, and the physical and mental strain they must be experiencing is unimaginable.

“With this important and groundbreaking 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 urgently accelerate their efforts to bring them home. Their freedom is not just a legal obligation; it is a moral imperative,” the statement concluded.

The families have launched an online petition, website, and social media campaign to share their story and demand their release.

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