A recent ruling by the Supreme Court in Eswatini has upheld a High Court order granting lawyers access to individuals deported from the United States and detained at the Matsapha Correctional Complex. The decision has been described by Amnesty International as an important step in protecting the right to legal representation for those affected.
Despite this progress, concerns remain over broader human rights violations linked to the practice of third-country deportations. Amnesty International highlighted that while access to legal counsel is essential, it does not address the issue of continued arbitrary detention, with detainees still lacking clarity on the legal basis for their confinement and limited ability to challenge their situation.
The organization has called on Eswatini authorities to fully implement the court’s ruling by ensuring immediate and confidential access to lawyers, disclosing the legal grounds for detention, and either releasing the individuals or allowing them to legally contest any further transfers. There are also growing concerns about reports that Eswatini may accept additional deportees, increasing the urgency of addressing these issues.
The situation stems from multiple deportations carried out since 2025, with groups of individuals transferred from the United States to Eswatini and held in detention. Concerns have also been raised by regional human rights bodies, including the African Commission on Human and Peoples’ Rights, regarding the legality and human rights implications of relocating third-country nationals to African states under such arrangements.
Overall, while the court ruling improves access to justice, it highlights ongoing legal and human rights challenges surrounding detention practices and international deportation policies that require urgent attention.
