Matsapha, Eswatini — Five men deported from the United States last month under a covert agreement with the Eswatini government are now incarcerated at the Matsapha Correctional Complex, the nation’s primary maximum-security facility. Despite serving their criminal sentences, these foreign nationals are being held without access to legal representation, according to Sibusiso Nhlabatsi, a local attorney advocating on their behalf.
Nhlabatsi disclosed this troubling situation on Friday, stating that the men, who hail from countries including Cuba, Jamaica, Laos, Yemen, and Vietnam, have been unable to meet with legal counsel since their arrival in Eswatini approximately two weeks ago. The men were subjected to the Trump administration’s controversial third-country deportation plan, which has sparked renewed debate over human rights violations.
The attorney noted that he attempted to visit the detainees on July 25 but was denied entry by prison staff. In response, Nhlabatsi has initiated legal proceedings against the Eswatini attorney general and the head of national correctional services, seeking immediate access to the men.
“These individuals are being held unlawfully,” Nhlabatsi remarked, emphasizing that their completed sentences should allow them freedom. “If they have served their time, there should be no reason for their continued imprisonment.”
The Eswatini government has indicated that the men will remain in solitary confinement until arrangements are finalized for their repatriation, a process that could prolong their detention for up to a year. U.S. officials have previously claimed that the men’s home countries are unwilling to accept them, raising concerning questions about the legality and transparency of the deportation agreements.
Reports suggest that the detainees have had no communication with their families and are barred from receiving visitors. Authorities had promised to provide communication devices for the men, but nothing has been implemented so far.
Nhlabatsi warned that the ongoing detention of these individuals could invite international legal scrutiny on Eswatini, noted for its absolute monarchy under King Mswati III, which has faced criticism for suppressing political dissent and imprisoning activists.
Critics have also targeted the Trump administration’s practice of outsourcing deportations to countries with questionable human rights records. Just last month, eight other immigrants labeled as violent criminals were transferred to South Sudan, a nation on the brink of civil war, after being detained under harsh conditions.
The U.S. Department of Homeland Security has characterized the five detainees as “serious criminals,” with convictions involving severe offenses. However, the department has not clarified if these individuals had completed their sentences and declined to comment further on the matter.
Eswatini officials have remained silent regarding the details of the arrangement with the U.S., claiming national security and pending legal proceedings as justification. While the location of the detainees has not been officially confirmed, Nhlabatsi asserts that they are indeed at Matsapha, the same facility linked to the detention of pro-democracy activists.
Activists in Eswatini are pressing for transparency regarding the deportation deal, urging the government to disclose its terms, which they have classified. Similarly, South Sudan has yet to provide specifics about its agreements with the U.S.
This evolving situation highlights the intersection of international diplomacy, human rights, and legal ethics, raising critical questions about the treatment of deported individuals and their right to legal counsel.
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