Guinea-Bissau: Supreme Court overturns pre-trial detention of four defendants in the 2025 coup case

Guinea-Bissau's Supreme Court has overturned the pre-trial detention of four defendants, including General Daba Na Walna, who were being prosecuted for their alleged involvement in the October 2025 coup attempt. The high court denounced serious violations of procedural rules and infringements of fundamental rights.

The Criminal Chamber of the Supreme Court of Justice (STJ) issued ruling no. 21/2026 on July 23, 2026, revoking the pretrial detention of Mário Midana Siga, Alexandre Patrão Indi, Domingos Nhanque, and Daba Na Walna. The decision overturns the ruling of the investigating judge of the Bissau Regional Court, who had ordered their imprisonment on April 30. Signed by Judges Aimadú Sauané, Pansau Natchare, and Átila Ferreira, the ruling upholds the appeal filed by the defense and declares the initial coercive measure null and void.

The Supreme Court noted several major irregularities: the defendants' failure to be formally recognized as accused persons before their appearance before a judge, a violation of Article 60 of the Code of Criminal Procedure, which mandates this formality before any questioning, and an infringement of the principle of a natural judge and the guarantees of a fair trial. The defendants also claimed to have been subjected to electric shocks and death threats to obtain confessions, evidence used in the prosecution's investigation. The ruling also highlights the failure to comply with the legal conditions for pretrial detention stipulated in Article 150 of the Code of Criminal Procedure.

The Supreme Court ruled that the investigating judge had acted in violation of the law, deeming his decisions "inadmissible" and likely constituting an abuse of process. It also criticized the role of the public prosecutor's office, which failed to observe essential formalities before requesting detention.

This decision marks a turning point in the 2025 coup case. It highlights the fragility of the Guinea-Bissau judicial system, the need to guarantee respect for fundamental rights in criminal proceedings and the persistent tensions between civilian and military justice in a country where the balance of power remains precarious.

The four defendants had been detained for more than six months in military institutions. They are being prosecuted for their alleged involvement in the attempted coup of October 2025. The Supreme Court's decision constitutes a legal victory for the defense and a strong signal in favor of respecting procedural safeguards in a political context marked by institutional crises.