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A Cuban man deported by the U.S. to Africa is on a hunger strike in prison, his lawyer says

A Cuban man deported by the United States to the African nation of Eswatini is on a hunger strike at a maximum-security prison, having been held there for more than three months without charge or access to legal counsel under the Trump administration’s third-country program, his U.S.-based lawyer said Wednesday.

Roberto Mosquera del Peral was one of five men sent to the small kingdom in southern Africa in mid-July as part of the U.S. deportation program to Africa. It has been criticized by rights groups and lawyers, who say deportees are being denied due process and exposed to rights abuses.

Mosquera’s lawyer, Alma David, said in a statement sent to the Associated Press that he had been on a hunger strike for a week, and there were serious concerns over his health.

“My client is arbitrarily detained, and now his life is on the line,” David said. “I urge the Eswatini Correctional Services to provide Mr. Mosquera’s family and me with an immediate update on his condition and to ensure that he is receiving adequate medical attention. I demand that Mr. Mosquera be permitted to meet with his lawyer in Eswatini.”

The Eswatini government said Mosquera was “fasting and praying because he was missing his family” and described it as “religious practices” that it wouldn’t interfere with, a characterization disputed by David. She said in response: “It is not a religious practice. It’s an act of desperation and protest.”

Mosquera was among a group of five men from Cuba, Jamaica, Laos, Vietnam and Yemen deported to Eswatini, an absolute monarchy ruled by a king who is accused of clamping down on human rights. The Jamaican man was repatriated to his home country last month, but the others have been kept at the prison for more than three months, while an Eswatini-based lawyer has launched a case against the government demanding they be given access to legal counsel.

Civic groups in Eswatini have also taken authorities to court to challenge the legality of holding foreign nationals in prison without charge. Eswatini said that the men would be repatriated but could be held there for up to a year.

U.S. authorities say they want to deport Kilmar Abrego Garcia to Eswatini under the same program.

The men sent to Eswatini were criminals convicted of serious offenses, including murder and rape, and were in the U.S. illegally, the Department of Homeland Security said. It said that Mosquera had been convicted of murder and other charges and was a gang member.

The men’s lawyers said they had all completed their criminal sentences in the U.S. and are now being held illegally in Eswatini.

Homeland Security has cast the third-country deportation program as a means to remove “illegal aliens” from American soil as part of President Trump’s immigration crackdown, saying they have a choice to self-deport or be sent to a country like Eswatini.

The Trump administration has sent deportees to at least three other African nations — South Sudan, Rwanda and Ghana — since July under largely secretive agreements. It also has an agreement with Uganda, though no deportations there have been announced.

New York-based Human Rights Watch said that it has seen documents that show that the U.S. is paying African nations millions of dollars to accept deportees. It said that the U.S. agreed to pay Eswatini $5.1 million to take up to 160 deportees and Rwanda $7.5 million to take up to 250 deportees.

Another 10 deportees were sent to Eswatini this month and are believed to be held at the same Matsapha Correctional Complex prison outside the administrative capital, Mbabane. Lawyers said that those men are from Vietnam, Cambodia, the Philippines, Cuba, Chad, Ethiopia and Congo.

Lawyers say the four men who arrived in Eswatini on a deportation flight in July haven’t been allowed to meet with an Eswatini lawyer representing them, and phone calls to their U.S.-based attorneys are monitored by prison guards. They have expressed concern that they know little about the conditions in which their clients are being held.

“I demand that Mr. Mosquera be permitted to meet with his lawyer in Eswatini,” David said in her statement. “The fact that my client has been driven to such drastic action highlights that he and the other 13 men must be released from prison. The governments of the United States and Eswatini must take responsibility for the real human consequences of their deal.”

Imray writes for the Associated Press. Nokukhanya Musi contributed to this report from Manzini, Eswatini.

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Lawyers for 5 men deported to an African prison accuse Trump’s program of denying them due process

Five men deported by the United States to Eswatini in July have been held in a maximum-security prison in the African nation for seven weeks without charge or explanation and with no access to legal counsel, their lawyers said Tuesday.

They accused the Trump administration’s third-country deportation program of denying their clients due process.

The New York-based Legal Aid Society said that it was representing one of the men, Jamaican national Orville Etoria, and that he had been “inexplicably and illegally” sent to Eswatini when his home country was willing to accept him back.

That contradicted the U.S. Department of Homeland Security, which said when it deported the five men with criminal records that they were being sent to Eswatini because their home countries refused to take them. Jamaica’s foreign minister has also said that the Caribbean country didn’t refuse to take back deportees.

Etoria was the first of at least 20 deportees sent by the U.S. to various African nations in the last two months to be identified publicly.

Expanding deportation program

The deportations are part of the Trump administration’s expanding third-country program to send migrants to countries in Africa that they have no ties with to get them off U.S. soil.

Since July, the U.S. has deported migrants to South Sudan, Eswatini and Rwanda, while a fourth African nation, Uganda, says it has agreed to a deal in principle with the U.S. to accept deportees.

Washington has said it wants to deport Kilmar Abrego Garcia, whose case has been a flashpoint over President Trump’s hard-line immigration policies, to Uganda after he was wrongly deported to his native El Salvador in March.

Etoria served a 25-year prison sentence and was granted parole in 2021, the Legal Aid Society said, but was now being held in Eswatini’s main maximum-security prison for an undetermined period of time despite completing that sentence.

The U.S. Homeland Security Department said that he was convicted of murder. The agency posted on X in reference to a New York Times report on Etoria, saying that it “will continue enforcing the law at full speed — without apology.”

It didn’t immediately respond to a request for comment from the Associated Press.

The Legal Aid Society said that an Eswatini lawyer acting on behalf of all five men being held in prison there has been repeatedly denied access to them by prison officials since they arrived in the tiny southern African nation bordering South Africa in mid-July.

The other four men are citizens of Cuba, Laos, Vietnam and Yemen.

‘Indefinite detention’

A separate lawyer representing the two men from Laos and Vietnam said that his clients also served their criminal sentences in the U.S. and had “been released into the community.”

“Then, without warning and explanation from either the U.S. or Eswatini governments, they were arbitrarily arrested and sent to a country to which they have never ever been,” the lawyer, Tin Thanh Nguyen, said in a statement. “They are now being punished indefinitely for a sentence they already served.”

He said that the U.S. government was “orchestrating secretive third-country transfers with no meaningful legal process, resulting in indefinite detention.”

U.S. Homeland Security said those two men had been convicted of charges including child rape and second-degree murder.

A third lawyer, Alma David, said that she represented the two men from Yemen and Cuba who are also being held in the same prison and denied access to lawyers. She said she had been told by the head of the Eswatini prison that only the U.S. Embassy could grant access to the men.

“Since when does the U.S. Embassy have jurisdiction over Eswatini’s national prisons?” she said in a statement, adding the men weren’t told a reason for their detention, and “no lawyer has been permitted to visit them.” David said all five were being held at U.S. taxpayers’ expense.

Secretive deals

The deportation deals the U.S. has struck in Africa have been secretive, and with countries with questionable rights records.

Authorities in South Sudan have given little information on where eight men sent there in early July are being held or what their fate might be. They were also described by U.S. authorities as dangerous criminals from South Sudan, Cuba, Laos, Mexico, Myanmar and Vietnam.

The five men in Eswatini are being held at the Matsapha Correctional Complex. It’s the same prison where Eswatini, which is ruled by a king as Africa’s last absolute monarchy, has imprisoned pro-democracy campaigners amid reports of abuse that includes beatings and the denial of food to inmates.

Eswatini authorities said when the five men arrived that they were being held in solitary confinement.

Another seven migrants were deported by the U.S. to Rwanda in mid-August, Rwandan authorities said. They didn’t say where they are being held or give any information on their identities.

The deportations to Rwanda were kept secret at the time and only announced last week.

Imray writes for the Associated Press.

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