Pakistani Men Detained in Liberia Without Charge and Trial

By Ryan Aliman
Impunity Watch Reporter, Africa

MONROVIA, Liberia – Five Pakistani men are being held by the Bureau of Immigration and Naturalization (BIN) in Monrovia. One of them, Mohammed Llyass, was accused of human trafficking. Meanwhile, the other four Pakistanis, namely, Arajd Ali, Saif-Ullab, Mohammed Tufail and Abbas-Ali are said to be victims of Llyass. These four men are allegedly among those Llyass has trafficked into the country.

The Pakistani men waiting for the Court’s decision on their petition for writ of habeas corpus. (Photo courtesy of FrontPageAfrica)

On September 10 all five of them were arrested on the same ground that they violated Liberian immigration laws.

Two weeks after their arrest, the four Pakistanis’ lawyer, Atty. Edwin K. Martin, filed a petition for writ of habeas corpus before Criminal Court “A” at the Temple of Justice. The petition mainly prayed for the Court to order the BIN to produce the four men in open court to justify their detention.

Atty. Martin argued that his clients have been under illegal detention at the immigration bureau for over 48 hours since their arrest. Such prolonged detention, according to him, is “illegal and oppressive” as it goes beyond the statutory period mandated by the constitution. Also, Atty. Martin asserted that his clients were never formally charged of any crime up to the filing of the petition. He contended that the four Pakistanis, along with Llyass, were arrested and brought to the BIN office on Broad Street without being charged of any crime. “No attempt was made by the BIN to bring my clients before a court to have due process of law afforded to them as required by law in this jurisdiction,” Atty. Martin said during the hearing of the writ petition.

Yet, the court, under Judge James Zotaa, denied the petition.

In his ruling, Judge Zotaa ordered the BIN to keep all five Pakistanis in custody. He held that, although only Llyass was charged with human trafficking, the other four failed to prove that they were in the country lawfully. They should have established before the court that they are living in the country with valid documents, noted the Judge. “This Court will not allow the continued violation of the immigration laws of the country. What would happen if the five cannot establish before the Court that they are legal aliens in the country? They go and commit hideous crimes that jeopardize the public security and welfare,” Judge Zotaa stressed as he read out his decision.

After Judge Zotaa delivered his ruling, the Solicitor General, Cllr. Wilkin Wrights, clarified to the press that the four Pakistanis are actually being kept in safe homes acknowledging their status as “human trafficking victims”. According to Cllr. Wrights, it is only Llyass, among the five Pakistanis, who is detained at the Monrovia Central Prison.

 

For further information, please see:

The Nation – Five Pakistanis detained in Liberia without trial – 6 October 2012

All Africa – Liberia: Five Pakistanis Detained Without Trial – 5 October 2012

Daily Observer – Judge Denies Pakistanis “Writ of Habeas Corpus” – 29 September 2012

FrontPageAfrica – Pakistani in Liberia Booked for Human Trafficking – 27 September 2012

The New Dawn – Five Pakistanis Sue BIN – 27 September 2012

 

Author: Impunity Watch Archive