Despite all charges against the 95 Libyans being withdrawn, there are still no answers about what will happen to them next.
The South African government has a diplomatic dilemma on its hands, after all charges against the 95 Libyans who were arrested three weeks ago during a police raid at a “military” training camp outside White River were dropped this week.
The Libyans come from the opposition region in eastern Libya. If they are extradited to the recognised Libyan government, they face the possibility of further “prosecution or other serious consequences”.
At the same time, the South African government cannot extradite them to the opposition government in the east, as it is not internationally recognised.
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The South African government is subject to international conventions and agreements stipulating that an immigrant or refugee cannot be repatriated to their country of origin if their life or safety could be endangered there. This is known in legal terms as the principle of “nonrefoulement” (literally, “no forcing back” in French).
All charges against the 95 Libyans who were arrested three weeks ago during a police raid at a ‘military’ training camp outside White River were withdrawn this week.
The National Prosecuting Authority (NPA) withdrew charges of immigration act violations against the Libyans this week because there were no prospects for successful prosecution. The decision followed a submission by the lawyer of the 95, Ashwin Kassen, to the NPA, arguing that the men were innocent of any violations.
The Alamana Alowla Company, which sent the group to the training camp in South Africa under an agreement with Milites Dei Security Services (MDSS), had applied for study visas on their behalf. According to Kassen’s submission, Alamana Alowla is a security company in Libya which acquires and provides international security services. Kassen argued that allegations of the men’s military involvement with the unofficial government forces in eastern Libya under General Khalifa Haftar were untrue.
The men are all aged between 25 and 40 and their families live in Benghazi, the capital of the country’s east, which functions as an opposition region under Haftar’s rule. The study visas are only valid until the end of December and were issued on condition that the men did not become undesirable persons in South Africa during that period. By summarily withdrawing their visas, the department of home affairs has now inadvertently caused the men to breach this condition.
Kassen further argued that it was impossible for South African intelligence services to have obtained information about unauthorised military activities on MDSS’s farm as early as February this year, since the men had only arrived in the country in April. Even their visas had only been issued on 3 April by the South African embassy in Tunisia.
Since the burden of proof of any other statutory violations rests with those who arranged the training, the 95 men remain innocent. They will also in no circumstances plead guilty and do not understand why they are now being treated as prisoners. After the charges against them were withdrawn, the NPA confirmed that the Hawks would handle the further investigation into other alleged violations of the foreign military assistance act.
It is understood that the prison authorities in Mbombela may have held the men until yesterday (Saturday). After that, they must be repatriated. Duwayne Esau, spokesperson for the department of home affairs, said in response to inquiries that the department of international relations and cooperation had negotiated with the Libyan government regarding the group’s safety.
According to Esau, the Libyan government is responsible for taking the men back to Libya and South Africa’s home affairs department will release them into the care of the Libyan embassy. Advocate Nico du Plessis, who appeared in court on behalf of the group, said on Thursday that the men were expected to be flown to Benghazi within 48 hours by charter flight.
According to a statement by Home Affairs Minister Leon Schreiber, he has instructed that the deportation take place as quickly as possible. All legal requirements will be met while the logistics of the return flight are arranged. Exactly whose plane will ultimately be used to repatriate the men remains unclear.
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City Press’ sister publication Rapport has learnt that an aircraft is on standby in Addis Ababa, Ethiopia, while there are behind-the-scenes negotiations regarding who will be responsible for paying for the flight.
Yesterday, a high-level delegation from the United Arab Emirates (UAE) were in Mbombela to negotiate the group’s release further. According to sources, the UAE has seemingly stepped in as mediators in the issue. The UAE is one of the countries which support Haftar. It was expected that the group would leave this morning.
Erika Gibson
www.news24.com
