We’re not allowed to pray – 5 Asian suspects
MBABANE – The five incarcerated Asians say they are not allowed to pray at night because that compromises the security of the Correctional facility.
Agun Mohammad Z. Riyad, Hossain Mohhad Riyad, Hossasn Ekbal, Islam Meherajul and Islam Sagor, said they were not able to practise their religion in the cells and now wanted government to deport them.
They are currently detained at Big Bend Correctional facilities.
They were arrested at King Mswati III International Airport at Sikhuphe on June 14, 2022. They were charged for contravening the Immigration Act and they pleaded guilty to the two charges they faced.
Conviction
They appeared in court on June 16, 2022 and upon conviction, were sentenced to five months imprisonment with an option of a fine of E600 on both counts.
On the very same day, the prosecution applied that in terms of Section 8 (8) of the Immigration Act, they should be detained in police custody pending a decision by the minister of Homes Affairs on their status.
According to the section, ‘where a person is charged with the offence or unlawfully entering Swaziland (Eswatini) or being unlawfully present in Swaziland (Eswatini), and the court is informed that an application for an order under this section has been made or is about to be made, the court may order that such person be detained in prison or in police custody for a period not exceeding 14 days, pending a decision by the minister’.
Agun told the court that on June 22, 2022, the minister of Home Affairs declared them prohibited immigrants.
The Asians have filed an urgent application at the High Court and they are seeking an order directing the minister of Home Affairs to deport them within 48 hours of granting this order.
Alternatively, they want to be released from the custody of His Majesty’s Correctional Services pending the approval of their transit visas in Maputo, Mozambique.
In their court papers, the Asians submitted that they were unable to practice their religion in prison.
“We are told that it compromises the security of the Correctional facility when we have to wake up at night and pray,” Agun told the court.
The veracity of these allegations is still to be tested in court. The Asians are represented by Maqhawe Dlamini of Mhlanga-Dlamini Attorneys. Government is yet to file answering papers in the matter.
He said when the minister declared them illegal immigrants; their relative in Mozambique had bought them flight tickets to return to their native country.
He told the court that when they were released after paying a fine, they were driven to Mhlumeni
Border Gate and Lomahasha Border Gate in the company of the deputy chief immigration officer. However, he said they were turned back because they did not have transit visas.
Agun submitted that they had since applied for the transit visas for which they were waiting for an approval from the immigration headquarters in Maputo.
“We were advised that the flight tickets already bought by our relative have to be deferred pending the approval from the Mozambican Immigration so that we can activate same once the visas were approved,” he told the court.
Trial
Agun informed the court further that they were detained at Big Bend Correctional facility where they were kept in holding cells together with awaiting trial prisoners and convicts.
“We are detained with other hardened recidivists whereas it is internationally accepted that illegal foreign nationals are particularly vulnerable and that international best practice dictates that they should be kept apart from the general prison population. Our continued incarceration is a disguised custodial whereas we paid the prison fine,” he told the court.
He also pointed out that the COVID-9 pandemic was a threat to inmates due to congestion in the cells. He alleged that government had not made means to facilitate their deportation.
“Hence our arrangements that have been facilitated by our relatives is easing the burden from the first respondent (minister) and no prejudice is going to be suffered by the first respondent if I am released to the custody of our cousin, Nazmul Hassan Pappu pending our visas from Maputo,” he added.
Agun further told the court that the food that was served at the Correctional fcility was not Halaal, much against their religious conviction. The others filed confirmatory affidavits.
They said they were prepared to comply with conditions that may be attached in relation to their release. They undertook to report to the police station every 24 hours until their transit visas had been approved and they would not become fugitives from justice. The matte is pending in court.