Eswatini: Supreme Court ruling on legal access offers limited relief for US deportees
Responding to the Supreme Court’s unanimous ruling confirming a High Court order granting lawyers access to individuals unlawfully removed by the United States (US), flown to Eswatini and held at Matsapha Correctional Complex, Amnesty International’s Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, said:
“The Supreme Court’s ruling is an important step towards upholding the right to access a lawyer for people who have been unlawfully transferred by the US to Eswatini. However, it fails to resolve the deeper human rights violations at the heart of this abusive practice involving third-country removals. Amnesty International remains deeply concerned that these men continue to be arbitrarily detained.
The Supreme Court’s ruling is an important step towards upholding the right to access a lawyer for people who have been unlawfully transferred by the US to Eswatini.
Vongai Chikwanda, Deputy Regional Director, Amnesty ESARO
“Access to legal counsel is essential, but it cannot by itself redress the continuing arbitrary detention.
“The Eswatini authorities must now fully and effectively implement the Supreme Court order, ensure immediate and confidential access to lawyers, disclose the legal basis for the men’s continued detention or grant their release, and guarantee that every individual is able to challenge any onward removal.
Reports that Eswatini has agreed to receive many more deportees makes it all the more urgent that Eswatini and the US authorities immediately end this deeply abusive practice.
Vongai Chikwanda
“No one should be transferred to a country in violation of international law guarantees, then detained in secrecy without clear legal process, access to lawyers, and protection against onward unlawful removal. Reports that Eswatini has agreed to receive many more deportees makes it all the more urgent that Eswatini and the US authorities immediately end this deeply abusive practice.”
Background
In July 2025, the US removed a first group of five people to Eswatini where they were kept in arbitrary detention. This was followed by the removal of a further 10 individuals from the US to the Southern African country in October 2025. In March, four more men were transferred to the country and were detained at Matsapha Correctional Complex.
In August 2025, the African Commission on Human and Peoples’ Rights raised concerns regarding US removals of third-country nationals into African countries, including Eswatini.
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