SUSPENSION: THE PRICE TO PAY IN EQUATORIAL GUINEA FOR BEING A HUMAN RIGHTS LAWYER

Over recent months, the institution has been misused to target two human rights lawyers, in a country where the independence of the legal profession and judiciary are already under serious threat, with several cases of arbitrary detention. Two members of the Bar Association, Gemma Jones and Angel Obama, have been suspended and prevented from continuing their human rights work

For lawyers, being a member of the national Bar Association is a condition for practicing their profession. In Equatorial Guinea, however, political interference in the Bar Association is endangering access to justice, the rule of law and effective protection of human rights.

Over recent months, the institution has been misused to target two human rights lawyers, in a country where the independence of the legal profession and judiciary are already under serious threat, with several cases of arbitrary detention. Two members of the Bar Association, Gemma Jones and Angel Obama, have been suspended and prevented from continuing their human rights work.

Gemma Jones is a 40-year-old lawyer who was born in Madrid to Equatoguinean parents. After settling in Equatorial Guinea in 2018, she came into contact with various national human rights NGOs before setting up a law firm in the capital Malabo. 

On 24 November 2023 Gemma, in an attempt to denounce the difficult situation in the country where some public employees reported not being paid, unemployed parents complained of not being able to pay their children’s school fees and devastated mothers of young men who are victims of arbitrary detention looking for their children in different detention centers, took to TikTok to call on for an independent judiciary in a video called “Wake Up” (“Despierten”). Four days later, on 28 November, the Bar Association opened a disciplinary process against Gemma Jones which led to her temporary disbarment. On 10 July 2024, Gemma was suspended for two years. She was accused of grave infractions and violating the statutes of the Bar Association. The UN special rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, has expressed concern over the sanction.

Despite all of that, Gemma hasn’t given up. She remains steadfast regardless of the harassment, intimidation and threats she has faced for doing her work, such as when she defended a woman being aggressed by one of her employees’ husband, the arbitrary arrest she suffered in 2021 that prevented her from attending the celebration of the International Day of Democracy, or the recent sanctions against her by the Equatorial Bar Association.

A strong and independent legal profession and an independent judiciary are essential for a fair justice system.

Angel Obama became a full-time lawyer in 2018 and has since taken on cases highlighting all sorts of human rights violations in the country. These include supporting human rights defenders who have been attacked, arrested multiple times and are currently being arbitrarily detained simply for doing their legitimate work, such as Anacleto Micha or Joaquin Elo “Paysa”, for which in turn he has become a target. Angel continues to fight with courage and determination, ignited by the belief that someone must stand up against this repression.

On 9 August, the Bar Association threatened to suspend his law license if he continued to defend “illegal” human rights organizations such as Somos+, the platform spearheaded by Joaquin Elo. On 14 August, he was temporarily suspended based on the argument that his defense of Joaquin Elo and his platform was against the institution’s statutes.

The President of the Bar Association, who also happens to be President Obiang Nguema Mbasogo’s brother-in-law and adviser, has been in post since 2003 while simultaneously serving for some years as the country’s Deputy Minister for Justice. The lack of independence of the legal profession leaves Equatoguinean lawyers completely defenseless. Those who publicly demand an independent judicial system, and those that denounce the human rights violations committed by the judiciary are disqualified.

Equatorial Guinea is a State Party to several international human rights treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights which impose obligations on States Parties to ensure the independence of the legal profession and the independence of the judiciary.

Authorities must ensure that the suspension of Gemma Jones and Angel Obama is immediately rescinded.

Amnesty International calls on the government of Equatorial Guinea to ensure that everyone in the country, including lawyers, is able to freely exercise their human rights such as the rights to freedom of expression, belief, association and peaceful assembly – especially regarding matters concerning the law, the administration of justice and the promotion and protection of human rights.

The authorities of Equatorial Guinea must respect the right of lawyers to form and maintain independent, self-governing professional associations and to protect their professional integrity as part of lawyers’ right to freedom of association recognized under principle 23 of the UN Principles on the Role of Lawyers. Under principle 24, Bar Associations must be able to exercise their functions without external interference, from government or other actors. 

A strong and independent legal profession and an independent judiciary are essential for a fair justice system that allows access to justice and effective remedies for victims of human rights violations and upholds the rule of law.

Authorities must ensure that the suspension of Gemma Jones and Angel Obama is immediately rescinded. Authorities must also uphold and respect the independence of the country’s Bar Association and allow lawyers including human rights lawyers to freely exercise their human rights and carry out their professional functions without any fear of reprisals.

This article was originally published by El Pais.