Day Six of the Trial of Teodorin Obiang

GAB is pleased to publish this account and analysis of the 6th day of the trial of Equatorial Guinean Vice President Teodorin Nguema Obiang by Shirley Pouget and Ken Hurwitz of the Open Society Justice.

On day six of his trial for actions arising from theft of public monies, Teodorin’s lawyers offered several legal defenses.  The most bizarre, and the one most strenuously advanced, was that in Equatorial Guinea theft of public funds is not a crime if the thief is a senior government official.  Teodorin was a government minister at the time he stole the money, and according to his lawyers, there was no law in Equatorial Guinea that made it a crime for a minister to steal public funds.

The defense also tried to lob a procedural bombshell into the proceedings.  It claimed that the way French courts have interpretred bribery as a predicate offense for money laundering is unconstitutional.  This constitutional objection, a Question Prioritaire de Constitutionalite, could have been lodged early in the proceeding.  Raising it so late in the case, would, if the court accepted the defense request, postpone the trial proceedings for many months. 

Continue reading

Day Four of the Trial of Teodorin Obiang, Part II

GAB is pleased to publish this account of the second part of the 4th day of the trial of Equatorial Guinean Vice President Teodorin Nguema Obiang by Shirley Pouget of the Open Society Justice Initiative.

As detailed in an earlier post, five witnesses testified June 26, 2017, in support of the corruption charges laid against Equatorial Vice President Teodorin Nguema Obiang.  Teodorin called but a single witness in his defense: Simon Mann, an assistant to Teodoro Obiang Nguema Mbasogo, who has been President of Equatorial Guinea for the past 38 years and also happens to be Teodorin’s father.

Mann came into President Obiang’s employ by a strange route.  Hired by a Lebanese businessman to overthrow Obiang, he was captured and jailed.  Mann explained that Obiang later pardoned him and then hired him as an advisor.  When the court asked if he was still employed by Obiang he replied:

“They pay my expenses as well as a per diem.”

He denied, however, that he was being paid to testify. Continue reading

Day Four of the Trial of Teodorin Obiang

GAB is pleased to publish this account of the 4th day of the trial of Equatorial Guinean Vice President Teodorin Nguema Obiang by Shirley Pouget of the Open Society Justice Initiative.

Monday, June 26, was the fourth day of trial of Equatorial Guinean Vice President Teodorin Obiang on charges amounting to kleptocracy.  After three days of skirmishing about procedural issues, the court finally heard testimony in support of the charges.

court room *Roberto Berardi, who had been in business with Teodorin, told the court that after confronting Teodorin about allegations of corruption leveled by the U.S. Department of Justice he was jailed and held in solitary confinement for almost three years.  The reason, he believes, was to prevent him from talking to U.S. authorities.

*Delfin Mocache Massoko, whose on-line news site Diaro Rombe chronicles the Obiang family’s business dealings, told the court that he and many of his sources had been told “they will pay” for exposing the Obiang’s corruption to the world.

* Tutu Alicante León, an Equatorial Guinean exile who runs EG Justice, detailed the brutality and repression Equatorial Guineans face and deprivation and extremen poverty they live in thanks to the Obiangs’ crimes.  At the court’s request he explained how any assets the court ordered seized from Teodorin could be returned to the country in ways that would benefit its citizens.

* Pedro German Tomo, another Equatorial Guinean exile, testified that when Teodorin was Minister of Agriculture and Forestry he forced logging companies to pay 10,000 francs per square meter of board logged to a company Teodorin controlled and later, when Teodorin took responsibility for infrastructure, any company winning a construction contract had to pay a 10 percent commission to the same company.

* Daniel Lebegue of Transparency International France explained to the court why his organization felt it had no choice but to bring this case against Teodorin.  He said TI-France had consulted extensively with TI chapters in Senegal, Mali, Niger, Nigeria, Namibia, Kenya and Tanzania before lodging the complaint: “we wanted to go hand in hand with our colleagues from the African Chapters and be sure that our action was right.”

What follows is an account of each witness’ testimony.  No recording or transcript of the proceedings was made.  To GAB’s knowledge, Mme. Pouget’s account of the witnesses’ testimony will therefore serve as the only record.  Anyone who believes there is an error, or who wishes to provide additional context, is urged to post a comment below.    Continue reading

Day Three of the Trial of Teodorin Obiang

GAB is pleased to publish this account of the 3rd day of the trial of Equatorial Guinean Vice President Teodorin Nguema Obiang by Shirley Pouget and Ken Hurwitz of the Open Society Justice Initiative.

court room

Much of the third day of Teodorin’s trial was taken up with a lengthy, and highly misleading, “explanation” by defense counsel of United States of America v. One White Crystal-Covered “Bad Tour” Glove And Other Michael Jackson Memorabilia, a civil forfeiture action the US Department of Justice filed and later settled that involved property Teodorin owned in California.  The Paris hearing began at 1:30 pm, Wednesday, June 22, with the three judges filing into the august Chambre des Crieés of the Tribunal Correctionnel of Paris.  The Presiding Judge asked the civil parties and the defense counsel to comment on the background to the case she had reviewed the preceding day.  While the civil parties’ counsel had little to say, the defense had much to say — little of which was accurate. Continue reading

Day Two of the Trial of Teodorin Obiang

GAB is pleased to publish this account of the 2nd day of the trial of Equatorial Guinean Vice President Teodorin Obiang by Shirley Pouget and Ken Hurwitz of the Open Society Justice Initiative

The defense suffered several significant setbacks at the second day of Equatorial Guinean Vice President Teodorin Nguema Obiang’s trial for theft of public funds, money laundering, and other charges that together amount to kleptocracy.  As GAB earlier reported, Obiang’s lawyers sought to delay the case on procedural grounds and to block Equatorial Guinean citizens from, as French law permits, participating in the prosecution.  The court refused both requests.

Even worse for the VP, the court displayed a detailed command of the allegations against him along with a determination to see they are presented at trial. Accusations that have appeared in the media, civil society publications, or elsewhere will now be tested in a formal, judicial proceeding.  A finding that they are true, that Obiang did indeed rob the citizens of Equatorial Guinea blind, cannot do anything but embolden courts elsewhere to pursue similar cases while confirming to the world the regime’s pariah status. Continue reading

The Trial of Suspected Kleptocrat Teodorin Obiang: Report on Day One

GAB is pleased to publish this account of the first day of the Obiang trial by Shirley Pouget, a French lawyer observing the proceedings on behalf of the Open Society Justice Initiative

The worldwide fight against grand corruption took a giant stride forward Monday June 19 with First Vice President of Equatorial Guinea Teodoro Nguema Obiang Mangue standing trial for corruptly diverting millions from the national treasury.  Known to cronies as Teodorin, the case appears to be the first ever where a high-level official, while in office, is called to account for grand corruption before a foreign court. The precedent setting case, the culmination of a decade of determined struggle by French and Equatorial Guinean civil society, is being heard before the Tribunal Correctionnel in Paris.

As the trial opened, the courtroom overflowed with journalists, civil society representatives, and Equatorial Guineans in exile: we were all there to see if indeed a powerful politician whose corrupt activities have left his nation in penury would be held to account.  The three judges hearing the case, all women, took their seats at 1:30. The presiding judge opened by recalling that the accused was before the court on charges of misappropriation of public funds, complicity in the misappropriation of public funds, misuse of corporate assets, complicity in the misuse of corporate assets, and the concealment of each of these offences.  She explained that the court had jurisdiction because each offense, or an element of each, was committed in France.  She then expressed concern that defense counsel had only provided answers to the charges a few days before the trial began.

The defense launched into a series of objections to the commencement of the trial that consumed the entire afternoon hearing.  Teodorin’s high-priced lawyers argued that 1) the case should be stayed pending a final decision by the International Court of Justice in a case between France and Equatorial Guinea, 2) the magistrates’ decision to refer the accused for trial was illegal, and 3) a coalition of Equatorial Guineans should not be permitted to participate in the case as a civil party.  They also raised an unexpected claim based on a highly technical reading of the charging document.    Continue reading

At Last: A Kleptocrat Faces Justice

This Monday, June 19, a case against Equatorial Guinean First Vice President Teodoro Nguema Obiang Mangue for looting the nation’s oil wealth opens in a Parisian criminal court. In partnership with the Open Society Foundations Justice Initiative, GAB will provide readers with regular reports on the case’s progress.  Although the Vice President is unlikely to appear in person, the case nonetheless is an important milestone in the world wide struggle to bring to justice rulers who rob their citizens on a massive scale.  It marks the first time, to GAB’s knowledge, a sitting kleptocrat has been called to account.

The case, one of several collectively known as “bien mal acquis” or “ill-gotten goods,” has gone through several twists and turns.  It is a tribute to the hard work, persistence, and dedication of CCFD-Terre Solidaire, Sherpa, TI-France and other individuals and NGOs that it is now finally set for trial.  Vice President Obiang could be sentenced to up to 10 years’ in prison and fined millions of euros if convicted.  While he would surely remain holed up in Equatorial Guinea to duck prison, conviction would likely carry an order confiscating all property he owns located in France, which today is known to include a Parisian mansion valued at 107 million euros along with a collection of Ferraris, Maseratis, and other luxury cars like worth over five million eruos.

The French case is not Obiang’s first brush with the law.  In October 2014, to settle a U.S. case based on his kleptocratic ways, he forfeited a mansion in California and other property worth $30 million.  Obiang is also under investigation in a number of other jurisdictions.

Monday’s hearing begins at 1:30, Paris time.  For those fortunate enough to be in Paris, additional hearings are scheduled for 9:00 am, June 21; 1:30, June 22; 1:30 pm, June 26; 1:30, June 28; 9:00, June 29; 1:30, July 3; 9:00 July 5; and 1:30 July 6.  For those who are not, GAB is the next best alternative.