In February 2012, French authorities seized the Paris Avenue Foch mansion of Equatorial Guinea’s Vice President Obiang as part of a money-laundering probe. Equatorial Guinea contends the seizure was illegal because the property serves as the African nations’s Diplomatic Embassy in France. 

By Gary Raynaldo        DIPLOMATIC  TIMES

An international  dispute is raging over the status of a luxury mansion located on the fashionable Avenue Foch in Paris, France.  In February 2012, French authorities seized the Paris Avenue Foch mansion of Equatorial Guinea’s Vice President Teodorin Nguema Obiang as part of a money-laundering probe.  Obiang, son of Equatorial Guinean’s president, has been accused of looting $115 million from his impoverished country to spend on luxury property in Paris, a sumptuous villa in Malibu California, a Dassault 900 lear jet, high-end cars, and even Michael Jackson’s crystal glove.  In February 2012, French authorities issued an arrest warrant for Obiang as part of its investigation into alleged corruption. French authorities later searched and seized a 100-room, 6-story mansion owned by Obiang located at 40 Avenue Foch, one of Paris’ most fashionable neighborhoods. The Paris villa is thought to be worth between 100m (£79m: $124m) and 150m euros, according to the BBC.  In May 2016, France’s Financial Public Prosecutor signed an indictment of Obiang for referral before the Paris Criminal Court. In June 2016, Equatorial Guinea petitioned the International Court of Justice (ICJ) in the Hague to order France halt its criminal case against Obiang on the grounds of diplomatic immunity.  Equatorial Guinea argued that Obiang, as its vice-president,enjoys immunity ratione personae under customary international law and, therefore, France has violated that immunity by instituting criminal proceedings against him.

Hearings before the   ICJ   Between Equatorial Guinea and France conclude 

Credit:  Photograph: UN Photo/ICJ-CIJ/Frank van Beek.  Courtesy of the ICJ. /  The Members of the Court on the first day of the hearings Feb. 17, 2020 before the International Court of Justice in The Hague, Netherlands between Equatorial Guinea and France on status of Paris mansion,

Lawyers for Equatorial Guinea requested that the ICJ adjudge and declare that:

“The French Republic, by entering the building located at 42 avenue Foch in Paris, which is used for the purposes of the diplomatic mission of the Republic of Equatorial Guinea in Paris, by searching, attaching and confiscating the  said building, its furnishings and other property therein, has acted in violation of its obligations under the Vienna Convention on Diplomatic Relations”.

Credit:  UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ / The  ICJ, principal judicial organ of the UN, holds public hearings from 17 to 21 February 2020 in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France), at the Peace Palace in The Hague, the seat of the Court.  Above, is pictured the legal team representing the  Republic of  Equatorial  Guinea.  The hearings focus on the merits of the case. Session held under the presidency of Judge Abdulqawi Ahmed Yusuf, President of the Court. The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States (its Judgments are final and binding) and to give advisory opinions on legal questions referred to it by authorized UN organs and agencies.

“Let us not forget that diplomatic law applies and protects all over the world, including  the most difficult circumstances. Mr. President, Members of the Court, I now turn to what France has not explained. Frances’ silences on several issues continue to speak volumes. We have still not heard from our friends opposite anything to reassure us with regard to the significant risks posed by the interpretation of the Vienna Convention advanced by France.  Nor have we heard from our friends opposite precisely what information France had at its disposal on 11 October 2011 that enabled it to reject in such blatant terms Equatorial Guinea’s position as expressed in its Note Verbale of 4 October 2011. Was it newspaper reports that they relied on? One would certainly hope that was not the case, but it seems to be what they are now saying.  As Professor Kamto will explain, the reason now given for not recognizing the building as diplomatic premises – the supposed attempt to evade justice – was not the reason given to the Note Verbale to the Embassy of Equatorial Guinea on 11 October 2011. There the  reason given was France’s false assertion that the building fell within the private domain and, as such, under ordinary law. Nor have we heard any justification from France for the fact that it took the decision not to recognize Equatorial Guinea’s Embassy as diplomatic premises without any effort at bilateral consultation.”

-Sir Michael Wood, KCMG,  membre de la Commission du droit international, membre  du barreau d’Angleterre et du pays Galles,   representing  the  Republic of  Equatorial Guinea.

Sir Wood also argued that in addition to violating the diplomatic status of the Paris building, France is now violating the immunity to which Mr. Obiang Mangue is entitled .  Sir Wood also said Equatorial Guinea has suffered damages. 

“France’s unlawful acts have in fact caused moral and material harm to Equatorial Guinea. In addition, the French court’s orders mean that Equatorial Guinea cannot sell or mortgage its property. That obviously reduced its value. ” 

FRANCE Argues That The Paris Mansion Is A Private Residence Of  Equatorial Guinea VP

Credit:  Photograph: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ.  Members of the  FRENCH legal delegation at the ICJ hearing in The Hague Feb. 17, 2020.

France, however, argued that the Paris building cannot be considered as housing the premises of Equatorial Guinea’s mission in the French Republic. France contended that prior to the Note Verbale from the Embassy of Equatorial Guinea dated Oct. 4, 2011, the Protocol Department of the French Ministry of Foreign Affairs had never been informed of the existence of the premises; and that not a single piece of correspondence from the Embassy was ever sent to the Ministry from the avenue Foch address in Paris.

-The ICJ  Judgment on the status of the Paris property  will be delivered at a public hearing sitting, the date of which will be announced in due course.

Obiang Maintains He Earned his Money Legally in his country of Equatorial Guinea 

Source: BBC.COM/ Jerome Leroy / Getty Images AFP / Teodoro Nguema Obiang Mangue

Obiang contends that he has not committed any criminal offences on French soil to justify his indictment and trial. Prosecutors allege Obiang amassed a personal fortune of around $115 million from 2004 to 2011. Obiang claims his vast wealth is derived from legitimate business ventures in Equatorial Guinea.