Luanda Trial
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The Luanda Trial was a
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
held in
Luanda Luanda ( ) is the Capital city, capital and List of cities and towns in Angola, largest city of Angola. It is Angola's primary port, and its major industrial, cultural and urban centre. Located on Angola's northern Atlantic coast, Luanda is Ang ...
,
Angola Angola, officially the Republic of Angola, is a country on the west-Central Africa, central coast of Southern Africa. It is the second-largest Portuguese-speaking world, Portuguese-speaking (Lusophone) country in both total area and List of c ...
, in June 1976 during the
Angolan Civil War The Angolan Civil War () was a civil war in Angola, beginning in 1975 and continuing, with interludes, until 2002. The war began immediately after Angola became independent from Portugal in November 1975. It was a power struggle between two for ...
. Thirteen Western
mercenaries A mercenary is a private individual who joins an War, armed conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any other official military. Mercenaries fight for money or other forms of payment rath ...
were sentenced to either long prison terms or execution by
firing squad Firing may refer to: * Dismissal (employment), sudden loss of employment by termination * Firemaking, the act of starting a fire * Burning; see combustion * Shooting, specifically the discharge of firearms * Execution by firing squad, a method of ...
.


Background

Angola had gained its independence from
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
on 11 November 1975, but the new country was immediately immersed in a three-sided civil war. The Popular Movement for the Liberation of Angola (MPLA) was supported by the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
and
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
, while the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
and some of its allies backed the
National Liberation Front of Angola The National Front for the Liberation of Angola (; abbreviated FNLA) is a political party and former militant organisation that fought for Angolan independence from Portugal in the war of independence, under the leadership of Holden Roberto. F ...
(FNLA) and the
National Union for the Total Independence of Angola The National Union for the Total Independence of Angola (, abbr. UNITA) is the second-largest political party in Angola. Founded in 1966, UNITA fought alongside the People's Movement for the Liberation of Angola ( MPLA) and the National Lib ...
(UNITA). Thirteen mercenaries fighting for the FNLA – nine British, three American and one Irish – were captured by MPLA forces by mid-February 1976. On 26 May they were
indicted An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indi ...
by the People's Revolutionary Court in Luanda. The men were charged with acting as mercenaries, war crimes, and crimes against peace. The MPLA Government invited a group of foreign observers to attend the trial. These included Jack Dromey, a British trade unionist who later became a Labour Party MP, and Stephen Sedley, later a UK High Court judge.


Trial

The trial lasted from 11 to 16 June. There were five judges. The presiding judge was Ernesto Teixeira da Silva, the Attorney General of Angola. The other judges were the Director of Angolan Television, two military officers and a member of the National Council of Women in Angola. Guilty verdicts were a foregone conclusion; before the trial had even begun, Luis de Almeida, the Director of Information and Security, stated that the defendants were guilty and that the only thing that needed to be determined was how much punishment to mete out. The following sentences were passed on 28 June 1976: Death by
firing squad Firing may refer to: * Dismissal (employment), sudden loss of employment by termination * Firemaking, the act of starting a fire * Burning; see combustion * Shooting, specifically the discharge of firearms * Execution by firing squad, a method of ...
: * Costas Georgiou (also known as "Colonel Tony Callan"), 24 (Cyprus/UK) *Andrew Gordon McKenzie, 25 (UK) *John Derek Barker, 34 (UK) *Daniel Francis Gearhart, 34 (US) 30 years' imprisonment: *Michael Douglas Wiseman (UK) *Kevin John Marchant (UK) *James George Butler (UK) *Gustavo Marcelo Grillo, 27 (Argentina/US) 24 years' imprisonment: *John Lawlor (UK) *Colin Evans (UK) *Cecil Martin "Satch" Fortuin (South Africa/UK) 16 years' imprisonment: *John Nammock ( UK) * Gary Martin Acker, 21 (US) *Malcolm McIntyre (UK) Some of the verdicts had been expected, especially regarding Callan; one of his fellow mercenaries described him as "a homicidal maniac, who spent a lot of time killing blacks just for fun". However, Gearhart had arrived in Angola only days before his capture; defense lawyers provided evidence he had never fired a shot, and probably had not even participated in combat. Acker, an ex- Marine, had been shot in the leg and taken prisoner in his very first taste of combat within five days after arriving in the country. British Prime Minister
James Callaghan Leonard James Callaghan, Baron Callaghan of Cardiff ( ; 27 March 191226 March 2005) was a British statesman and Labour Party (UK), Labour Party politician who served as Prime Minister of the United Kingdom from 1976 to 1979 and Leader of the L ...
, Queen
Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...
, President
Gerald Ford Gerald Rudolph Ford Jr. (born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was the 38th president of the United States, serving from 1974 to 1977. A member of the Republican Party (United States), Republican Party, Ford assumed the p ...
, and Secretary of State
Henry Kissinger Henry Alfred Kissinger (May 27, 1923 – November 29, 2023) was an American diplomat and political scientist who served as the 56th United States secretary of state from 1973 to 1977 and the 7th National Security Advisor (United States), natio ...
requested that Angolan President
Agostinho Neto António Agostinho Neto (17 September 1922 – 10 September 1979) was an Angolan Communism, communist politician and poet. He served as the first president of Angola from 1975 to 1979, having led the MPLA, Popular Movement for the Liberation of ...
to show mercy to the men. However, Neto refused to intervene.
"Mercenarism, instrument of the aggressive designs of imperialism … a scourge of the African continent and a grave threat to the peace, freedom and independence of the people. It is imperative that the practice of mercenarism be banished once and for all from our planet. It is urgent that all states and peace-loving forces fight it most energetically. We are applying justice in Angola not only in the name of our martyred people but also for the good of the brother peoples of Namibia, Zimbabwe and all the peoples of the world against whom imperialism is already getting ready to prepare new mercenary aggressions."
The four condemned men were executed by MPLA military police on 10 July 1976. According to British former mercenaries Chris Dempster and Dave Tomkins, only McKenzie was killed outright. Callan and Gearhart were killed by
coup de grâce A coup de grâce (; ) is an act of mercy killing in which a person or animal is struck with a melee weapon or shot with a projectile to end their suffering from mortal wounds with or without their consent. Its meaning has extended to refer to ...
, while Barker, who was unscathed but had apparently fainted, was shot after waking up while his 'body' was being removed on a stretcher.


Aftermath

The two remaining Americans, Grillo and Acker, were released in November 1982 in a prisoner exchange worked out by the
United States Department of State The United States Department of State (DOS), or simply the State Department, is an United States federal executive departments, executive department of the U.S. federal government responsible for the country's foreign policy of the United State ...
. The British prisoners were released in February 1984 after negotiation by the
British Foreign Office The Foreign, Commonwealth and Development Office (FCDO) is the ministry of foreign affairs and a ministerial department of the government of the United Kingdom. The office was created on 2 September 2020 through the merger of the Foreign an ...
.


See also

*
Mercenaries in Angolan Civil War Mercenaries in Angola () are foreigners who participated in the Angolan Civil War on the side of the MPLA or the rebels, but were not personnel military of the interventionist states. Initially, the hired specialists were dominated by immigrants fr ...


Notes


Citations


Bibliography

*Burchett, Wilfred and Roebuck, Derek. ''The Whores of War: Mercenaries Today'' *Kennedy, Bruce.
Soldiers of misfortune
' CNN Interactive *Stockwell, John. ''In Search of Enemies: A CIA story'' **Cohen Jr., Sylvester, Review of ''In Search of Enemies: A CIA story'', '' The Journal of Modern African Studies'', Vol. 17, No. 2 (June 1979), pp. 342–344


External links


BBC article on the Luanda Trial
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
On this day 11 June.
Interview with Dave Tomkins, former guerrilla
''Time'' magazine, July 12, 1976 {{subscription required 1976 in Angola Mercenaries Angolan Civil War Trials in Angola Angola–United Kingdom relations Angola–United States relations War crimes trials