For lawyers, being a member of the national order of lawyers is a condition for practicing their profession. In Equatorial Guinea, however, political interference in the legal profession endangers access to justice, the rule of law and the effective protection of fundamental rights.
In recent months, the institution has been hijacked to target two lawyers specializing in the defense of human rights, in a country where the independence of the legal profession and the judicial system is already seriously threatened, with several cases of detention arbitrary being recorded. Two members of the Equatorial Guinean Bar, Gemma Jones and Angel Obama, have been suspended and can no longer continue their work in favor of human rights.
Gemma Jones is a 40-year-old lawyer, born in Madrid to Equatorial Guinean parents. After settling in Equatorial Guinea in 2018, she came into contact with various national human rights NGOs, before setting up her practice in the capital Malabo.
On November 24, 2023, in an attempt to denounce the difficult situation the country is going through, where some civil servants reported not being paid, where unemployed parents complained of not being able to pay their children’s school fees and where devastated mothers of young men subjected to arbitrary detention search for their children in different detention centers, Gemma Jones posted a call for independent justice on TikTok in a video titled ” Wake up “ (“Wake up”). Four days later, on November 28, the bar association opened disciplinary proceedings against him, which resulted in his temporary disbarment. On July 10, 2024, Gemma was suspended for two years. She was accused of serious offenses and of having violated the rules of the bar association. The UN special rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, expressed her concern about this sanction.
However, Gemma does not give up. She remains steadfast despite the harassment, intimidation and threats she faces in the course of her work, such as when she defended a woman attacked by the husband of one of her employees or when she was the victim of an arbitrary arrest in 2021, which prevented her from attending the celebration of the International Day of Democracy, and despite recent sanctions taken against her by the Equatoguinean Bar.
A strong and independent legal profession, as well as an independent judiciary, are essential for fair justice.
Angel Obama became a full-time lawyer in 2018 and has since handled cases highlighting all manner of human rights violations in Equatorial Guinea. He has notably defended human rights defenders who have been attacked, arrested multiple times and are currently detained solely for doing their legitimate work, such as Anacleto Micha or Joaquin Elo “Paysa” – which made him in turn become a target. He continues his fight with courage and determination, driven by the conviction that someone must speak out against this repression.
On August 9, the bar association threatened to suspend his professional license if he persisted in defending “illegal” human rights organizations, such as Somos+, the platform led by Joaquin Elo. On August 14, he was suspended on the grounds that his defense of Joaquin Elo and his platform was contrary to the institution’s regulations.
The president of the Equatorial Guinea Bar Association, who is also the brother-in-law and advisor to President Obiang Nguema Mbasogo, has been in office since 2003 and served for several years during this period as Deputy Minister of Justice . The lack of independence of the legal profession leaves Equatorial Guinean lawyers completely defenseless. Those who publicly call for an independent judiciary and those who denounce human rights violations committed by the judiciary are disqualified.
The authorities must ensure that the suspensions of Gemma Jones and Angel Obama are overturned without delay.
Equatorial Guinea is party to several international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights, which impose the obligation on States parties to ensure the independence of the legal profession and the judicial system.
Amnesty International calls on the Equatorial Guinean government to ensure that everyone in the country, including lawyers, can exercise their fundamental rights, such as the rights to freedom of expression, belief, association and peaceful assembly, particularly with regard to questions of law, administration of justice and the promotion and protection of human rights.
The authorities of Equatorial Guinea must respect the right of lawyers to establish and maintain independent and autonomous professional associations, and to protect their professional integrity within the framework of their right to freedom of association, recognized under Principle No. 23 of the Basic Principles Relating to the Role of the Bar (UN). Under Principle 24, professional associations of lawyers must be able to carry out their functions without external interference, whether from government or other actors.
A strong and independent legal profession, as well as an independent judiciary, are essential for fair justice that allows victims of human rights abuses to have access to justice and effective remedies, and guarantees the state of right.
The authorities must ensure that the suspensions of Gemma Jones and Angel Obama are overturned without delay. Finally, they must respect and ensure respect for the independence of the Equatoguinean Bar and allow lawyers, including those who specialize in the defense of human rights, to freely exercise their rights and carry out their professional duties without fear of reprisals.
This column was originally published by El Pais.
