The Republic of Equatorial Guinea institutes proceedings against France with regard to "the immunity from criminal jurisdiction of [its] Second Vice-President in charge of Defence and State Security,

INTERNATIONAL COURT OF JUSTICE
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Press Release
Unofficial

No. 2016/18
14 June 2016

The Republic of Equatorial Guinea institutes proceedings against France with regard
to “the immunity from criminal jurisdiction of [its] Second Vice-President in charge
of Defence and State Security, and the legal status of the building which
houses [its] Embassy in France”

THE HAGUE, 14 June 2016. Yesterday the Republic of Equatorial Guinea (hereinafter

“Equatorial Guinea”) instituted proceedings against the French Republic (hereinafter “France”)
before the International Court of Justice (ICJ), the principal judicial organ of the United Nations,
with regard to a dispute concerning “the immunity from criminal jurisdiction of the Second
Vice-President of the Republic of Equatorial Guinea in charge of Defence and State Security
[Mr. Teodoro Nguema Obiang Mangue], and the legal status of the building which houses the
Embassy of Equatorial Guinea in France”.

In its Application, Equatorial Guinea states that the case arises from the criminal proceedings
instituted against Mr. Teodoro Nguema Obiang Mangue before French courts from 2007, pursuant

to a number of complaints lodged by associations and private individuals against certain African
Heads of State and members of their families, in respect of acts of “misappropriation of public
funds in their country of origin, the proceeds of which have allegedly been invested in France”.
According to Equatorial Guinea, these proceedings “constitute a violation of the immunity to which
[Mr. Teodoro Nguema Obiang Mangue] is entitled under international law”. It considers that, in
his capacity as Second Vice-President in charge of Defence and State Security, the individual
concerned represents the State and acts on its behalf. Equatorial Guinea argues that, throughout the
proceedings in question, “the French courts have refused to give effect to the immunity from
criminal jurisdiction to which the Second Vice-President is entitled”. It states, inter alia, that an

international arrest warrant for Mr. Teodoro Nguema Obiang Mangue was issued on 13 July 2012,
that he was placed under judicial examination (mis en examen) on 18 March 2014, and that on
23 May 2016 the Procureur de la République filed his final submissions seeking separation of the
complaints, with a view to either their dismissal or their referral to the Tribunal correctionnel. The
Procureur found that the individual concerned “enjoys no immunity that might bar prosecution”.
Equatorial Guinea notes that, consequently, as from 25 June 2016, the investigating judges could
issue an order referring the case against Mr. Teodoro Nguema Obiang Mangue to the Tribunal
correctionnel of Paris for hearing.

Furthermore, in its Application, Equatorial Guinea notes that the case pertains to the

question of the legal status of a building located on avenue Foch in Paris. It asserts that
Mr. Teodoro Nguema Obiang Mangue, the former owner of the premises, sold this building to the
State of Equatorial Guinea in September 2011 and that since then the property “has been used by
the diplomatic mission of Equatorial Guinea”. The Applicant therefore considers that this building - 2 -

should enjoy the immunities accorded to official premises by international law. It points out,
however, that, taking the view that it had been financed out of proceeds from offences of which

Mr. Teodoro Nguema Obiang Mangue is suspected, the French investigating judges ordered the
seizure of the building in 2012, and that, in his submissions of 23 May 2016, the Procureur de la
République asserted that it was “not protected by immunity in so far as it did not form part of the
diplomatic mission of the Republic of Equatorial Guinea in France”.

Finally, Equatorial Guinea notes that “multiple exchanges have taken place between [itself]
and France regarding the immunity of the Second Vice-President in charge of Defence and State

Security, and the legal status of the [above-mentioned] property”, but that “all attempts at
settlement initiated by [it] have failed”.

Therefore, Equatorial Guinea “respectfully requests the Court:

(a) With regard to the French Republic’s failure to respect the sovereignty of the
Republic of Equatorial Guinea

(i) to adjudge and declare that the French Republic has breached its obligation to

respect the principles of the sovereign equality of States and non-interference
in the internal affairs of another State, owed to the Republic of Equatorial
Guinea in accordance with international law, by permitting its courts to
initiate criminal legal proceedings against the Second Vice-President of
Equatorial Guinea for alleged offences which, even if they were established,
quod non, would fall solely within the jurisdiction of the courts of Equatorial
Guinea, and by allowing its courts to order the seizure of a building

belonging to the Republic of Equatorial Guinea and used for the purposes of
that country’s diplomatic mission in France;

(b) With regard to the Second Vice-President of the Republic of Equatorial Guinea in
charge of Defence and State Security

(i) to adjudge and declare that, by initiating criminal proceedings against the
Second Vice-President of the Republic of Equatorial Guinea in charge of

Defence and State Security, His Excellency Mr. Teodoro Nguema Obiang
Mangue, the French Republic has acted and is continuing to act in violation
of its obligations under international law, notably the United Nations
Convention against Transnational Organized Crime and general international
law;

(ii) to order the French Republic to take all necessary measures to put an end to

any ongoing proceedings against the Second Vice-President of the Republic
of Equatorial Guinea in charge of Defence and State Security;

(iii) to order the French Republic to take all necessary measures to prevent further
violations of the immunity of the Second Vice-President of Equatorial
Guinea in charge of Defence and State Security and to ensure, in particular,
that its courts do not initiate any criminal proceedings against the Second

Vice-President of the Republic of Equatorial Guinea in the future;

(c) With regard to the building situated at 42, avenue Foch in Paris

(i) to adjudge and declare that, by seizing the building situated at 42, avenue
Foch in Paris, the property of the Republic of Equatorial Guinea and used for
the purposes of that country’s diplomatic mission in France, the French
Republic is in breach of its obligations under international law, notably the - 3 -

Vienna Convention on Diplomatic Relations and the United Nations
Convention [against Transnational Organized Crime], as well as general

international law;

(ii) to order the French Republic to recognize the status of the building situated at
42, avenue Foch in Paris as the property of the Republic of Equatorial
Guinea, and as the premises of its diplomatic mission in Paris, and,
accordingly, to ensure its protection as required by international law;

(d) In view of all the violations by the French Republic of international obligations

owed to the Republic of Equatorial Guinea

(i) to adjudge and declare that the responsibility of the French Republic is
engaged on account of the harm that the violations of its international
obligations have caused and are continuing to cause to the Republic of
Equatorial Guinea;

(ii) to order the French Republic to make full reparation to the Republic of

Equatorial Guinea for the harm suffered, the amount of which shall be
determined at a later stage.”

*

As basis for the Court’s jurisdiction, the Applicant invokes two instruments to which both

States are parties. The first is the Optional Protocol to the Vienna Convention on Diplomatic
Relations, concerning the Compulsory Settlement of Disputes, of 18 April 1961; the second is the
United Nations Convention against Transnational Organized Crime of 15 November 2000.

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Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.

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The full text of Equatorial Guinea’s Application instituting proceedings will be available
shortly on the Court’s website (www.icj-cij.org).

___________ - 4 -

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Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
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