Dear Minister,

I am writing to you to express concern about the arbitrary detention and conviction of Ana da Silva Miguel (AKA Neth Nahara), solely for peacefully exercising her human rights.

On 13 August, Neth Nahara – an avid TikTok user – was arrested by the Criminal Investigation Services at 04 de Fevereiro International Airport in Luanda, Angola’s capital, while preparing for a trip to Dubai. On 14 August, she was summarily tried and sentenced to six months in prison for ‘outrage against the state, its symbols, and bodies’ and fined 1 million Kwanza (approximately 1,200 USD) for making a live stream on 12 August on her TikTok account, criticizing the government and the President of the Republic.

On 1 September, Neth Nahara’s lawyers were notified about the public prosecutor’s appeal to extend the six-month sentence. Without the lawyers having had the chance to submit their counter-appeal, the prosecution’s appeal was sent straight to the second-stage court, violating laws which set a 20-day deadline for a counter-appeal before a judge can make a decision. The lawyers then submitted a complaint of unconstitutionality to the second-stage court, which has not yet been responded to.

On 27 September, the second-stage court decided to uphold the prosecution’s appeal, extending the sentence from six months to two years in prison. This is a clear attack on human rights, including the right to freedom of expression, violating Article 40 of the Angolan Constitution and Article 9 of the African Charter on Human and Peoples’ Rights, to which Angola is a state party.

In 2020, Neth Nahara publicly disclosed that she is HIV positive. Since her arrest in August, she has not been receiving her daily medication for the virus, violating her rights and seriously impacting her health, putting her life at serious risk. Her health situation is critical and deteriorating, leading to an emergency hospitalization on 3 December.

By preventing Neth Nahara from accessing her HIV treatment, the authorities are violating her right to sexual and reproductive health, as enshrined in the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).

I urge you to ensure that Neth Nahara is immediately released, as her conviction and ongoing arbitrary detention stem from the peaceful exercise of her human rights, including freedom of expression. Pending her release, the authorities must also ensure she has immediate access to all necessary and adequate healthcare.

Yours sincerely,