Guinea Claims that France has Violated its Obligations Under the UN Convention Against Corruption.

10-10-2022

Ryan Haigh

International Justice and Human Rights Researcher

Global Human Rights Defence

On 29 September 2022, the Republic of Equatorial Guinea (Guinea) applied to institute proceedings against France at the International Court of Justice (ICJ). [1] Guinea alleges that France has failed to honour its duties under the UN Convention Against Corruption. [2] The claim is based upon a 100-million-euro mansion in France purchased with illicit funds.  Guinea asserts ownership over the property. [3]

The case involves Guinea’s former vice president, Teodoro Nguema Obiang Mangue, the son of the current president, Teodoro Obiang.  [4] In 2004, an investigation in the United States uncovered secret bank accounts belonging to Nguema’s family in an American bank located in Washington, D.C. [5] A Federal corruption case in the United Stated followed through which it was disclosed that Mangue had acquired 315 million dollars in traceable assets in the United States over seven years on a salary of approximately $100,000 annually. [6] It was discovered that he was placing personal “taxes” on local and foreign timber companies and using the proceeds personally.  [7] Similar holdings and assets belonging to Mangue were discovered in Switzerland, the United Kingdom, and France. [8]

In February 2012, the French government seized a mansion and its contents belonging to Nguema valued at 100-million-euro. [9] A trial in absentia against Nguema on corruption charges began in France in 2017.  In response, Guinea filed a case against France at the ICJ, alleging that France had violated the Vienna Convention because the property was the premises of Guinea’s diplomatic mission in France and, therefore, immune to seizure. [10] The ICJ determined that the property never acquired “premises of the mission” status, which would be required to insulate it in the manner alleged. [11] On 28 July 2021, Nguema’s conviction on corruption charges in France was upheld on appeal.  [12] As part of the disposition, the Court confiscated the 100-million-euro property. [13] Guinea now asserts that the property “constitutes the proceeds of a crime of misappropriation of public funds committed against it.” [14] Guinea claims that France must return the property to Guinea pursuant to its obligations under the UN Convention Against Corruption. This places Guinea in the unique position of claiming that the property was a former official diplomatic residence as well as proceeds of corruption at the same time.

Notes:

[1] Proceedings Instituted by the Republic of Equatorial Guinea Against the French Republic on 29 September 2022 (Guinea v France), Application to Institute Proceedings (29 September 2022) <https://www.icj-cij.org/public/files/case-related/184/184-20220930-APP-01-00-FR.pdf>.

[2] Ibid [21] - [30].

[3] Ibid.

[4] Ibid [3].

[5] James Grimaldi, ‘U.S. Trying to Seize More Than $70M from Dictator’s Son Over Alleged Corruption’ (The Washington Post, 26 October 2011) < https://www.washingtonpost.com/politics/us-trying-to-seize-more-than-70m-from-dictators-son-over-alleged-corruption/2011/10/25/gIQAYknmIM_story.html> accessed 10 October 2022.

[6] Bate Felix, ‘U.S. Prosecutors Add Charges in Equatorial Guinea Graft Case’ (Reuters, 15 June 2012) < https://www.reuters.com/article/comments/idUSBRE85E18J20120615> accessed 10 October 2022.

[7] Ibid.

[8] Richard Etienne, ‘Swiss Justice Investigates an African Potentate’ (24 Heures, 18 October 2016) <https://www.24heures.ch/la-justice-suisse-enquete-sur-un-potentat-africain-479874019607>  accessed 10 October 2022.

[9] Immunities and Criminal Proceedings (Guinea v. France), Judgment on the Merits (11 December 2020) <https://www.icj-cij.org/public/files/case-related/163/163-20201211-JUD-01-00-EN.pdf> (Immunities).

[10] Ibid.

[11] Ibid [126].

[12] Associated Press, ‘Equatorial Guinea’s VP Loses Embezzlement Appeal in France’ (AP News, 28 July 2021) <https://apnews.com/article/government-and-politics-africa-business-europe-france-12505b28f90da16a1b5d01827e2b7e2f> accessed 10 October 2022.

[13] Ibid.

[14] ICJ Information Department, ‘Equatorial Guinea Institutes Proceedings Against France with Regard to a Dispute Concerning the Alleged Violation, by France, of its Obligations Under the United Nations Convention Against Corruption, and Asks the Court to Indicate Provisional Measures’ (ICJ, 30 September 2022) <https://www.icj-cij.org/public/files/case-related/184/184-20220930-PRE-01-00-EN.pdf> accessed 10 October 2022.