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EQUATORIAL GUINEA: Lawyer Gemma Jones disbarred for two years
25 July, 2024
The Observatory is dismayed by the decision of the Equatorial Guinea Bar Association to suspend lawyer Gemma Jones from practising law for two years. In addition to being disbarred throughout the country, the lawyer will not be able to grant “venia concedendi” to other lawyers to replace her in her current cases.
The final sanction of disbarment, adopted on 10 July 2024, settles an irregular and groundless disciplinary procedure against lawyer Gemma Jones. The facts date back to 24 November 2023, when Gemma Jones published a video on Tik Tok, in which she shared her critical opinion of the Equatoguinean judicial and social system.
After being intimidated[1], on 19 January 2023, solicitor Gemma Jones was temporarily suspended from practice as a precautionary measure in the disciplinary proceedings against her. The UN Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, has already expressed concern at reports that “the sanctions imposed on Ms Jones were adopted on the basis of irregular statutes and that, although applicable, the procedural processes established by these allegedly irregular statutes were not followed”[2].
The Observatory condemns the definitive suspension of lawyer Gemma Jones, banning her from practising her profession nationwide for two years.
The Observatory condemns the prohibition on the transfer of her current cases to other lawyers to act on her behalf in professional cases, in violation of her clients’ right to defence and right to effective judicial protection.
The Observatory recalls that, in accordance with the United Nations basic principles on the role of the Bar, particularly principles 19 and 23:
“No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.” (Principle 19)
“Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. ” (Principle 23)
[1] OIAD Alert, 13 December 2023: “The Observatory condemns the intimidation suffered by lawyer Gemma Jones after she criticised the Equatoguinean judicial system”. Available at: https://protect-lawyers.org/es/item/gemma-jones-3/#Alerta2
[2] Communication from the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 8 March 2024. Available at the following address https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=28874
EQUATORIAL GUINEA: Joint letter to the Equatorial Guinea Bar Association for the protection of lawyer Gemma Jones
13 February 2024
The International Observatory for Lawyers in Danger, the Consejo General de la Abogacía Española and the Illustre Colegio de Abogados de Madrid have sent a joint letter to the Equatorial Guinean Bar Association regarding the situation of Ms Gemma Jones, “taking note of Resolution 63/2023 of the Bar Association of Equatorial Guinea adopting a precautionary measure of temporary suspension of the exercise of the profession of lawyer throughout the national territory of Equatorial Guinea, due to the publication on social networks of comments that would have denigrated the reputation of the Bar Association of Equatorial Guinea“.
Read the joint letter:
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EQUATORIAL GUINEA: The Observatory condemns the intimidation of the lawyer Gemma Jones for her comments on the Equatoguinean judicial system
13 December 2023
The Observatory is extremely concerned by the intention of the Bar Association of Equatorial Guinea to unjustifiably sanction lawyer Gemma Jones, following the publication of a video sharing her opinion on the judicial and social situation in the Republic of Equatorial Guinea.
On the morning of 24 November, Gemma Jones posted a video on TikTok, in which she shared her views on Equatorial Guinea’s judicial and social system, highlighting its shortcomings and encouraging judges to be more independent.
On the same day, she was contacted by the Equatoguinean Bar Association, who asked her to complete the administrative file that she had submitted in 2012 to register with the Bar, and on the basis of which she was authorised by the Association to practise in the country. After providing the required documents, she was asked to provide additional documents relating to her studies. She was then summoned by the President of the Bar to a meeting with the Bar Council on 28 November.
The Bar Association’s statutes state that a decision to impose a sanction must be taken unanimously by all the members of the Bar Council. In breach of these provisions, only the President of the Bar, Juan Olo, and the Secretary of the Bar, Juan Abaga, were present.
The Bar President claimed that he had been summoned by a higher authority to sanction the lawyer, alleging that she had breached professional ethics rules by publishing the video. The lawyer claims that an intimidating atmosphere prevailed during the meeting: she was told that she was “digging her own grave” and that she had already been warned.
This is not the first time that lawyer Gemma Jones, also a member of the Madrid Bar, has suffered reprisals for speaking out and criticising the judicial system in Equatorial Guinea, since she was arbitrarily detained in September 2021, as reported by the Observatory[1].
The lawyer is awaiting the announced sanction and has been forced to leave the country for security reasons.
The OIAD condemns the acts of intimidation against the lawyer Gemma Jones and calls on the Equatoguinean authorities to guarantee her safety and her right to exercise her profession without interference.
In this regard, the OIAD calls on the Equatoguinean authorities to ensure compliance with the United Nations Basic Principles on the Role of Lawyers, in particular principles 16 and 23:
Principle 16: “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (…) and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
Principle 23: “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.”
EQUATORIAL GUINEA: Lawyer Gemma Jones was arbitrarily detained for more than three hours at the National Police station in the capital city of the Republic of Equatorial Guinea, Malabo
On 15 September 2021, Equatoguinean lawyer Gemma Jones was unjustifiably detained by the police, preventing her from intervening at the International Day of Democracy.
Equatoguinean lawyer Gemma Jones, who heads the law firm, JONES & SACRISTAN, founded in 2020 and based in the capital city of Malabo, specialises in business consultancy as well as human rights advocacy.
Gemma Jones has recently publicly denounced, through social networks, the lack of motivation and inadmissibility of a complaint filed by her office before the Court of Instruction No. 2 of the city of Malabo in a case involving the national electricity company (SEGESA) and some of its employees. The complaint referred to the dubious practices of SEGESA inspectors and the infringement of the property rights of Equatorial Guinean citizens by the company.
As a result of this complaint and her public statements, the lawyer’s office suffered an abrupt power cut without just cause.
On 15 September 2021, agents of the judicial brigade went to the office of JONES & SACRISTÁN to ask Gemma Jones to go to the Gendarmerie to make a statement without justifying the reason for the summons. Upon arrival at the judicial office, she was informed of an investigation into the leaking of the competitive examination for the B1 category of the state civil service organised on 12 September.
The lawyer made her telephone number available to investigators, evidencing her lack of involvement in the events under investigation. Despite this clarification, Gemma Jones was arbitrarily detained for more than three hours, preventing her from speaking at the International Day of Democracy event organised by the US Embassy in Malabo.
The Observatory denounces pressure and intimidation against lawyer Gemma JONES
The Observatory recalls that the independence of lawyers is one of the main indicators of democratic health and the consolidation of the rule of law. This is in accordance with the provisions of the United Nations Principles on the Role of Lawyers.
The Observatory recalls the UN Principles on the Role of Lawyers, and in particular Principles 16 and 23 which state the following:
Principle 16: ” Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
Principle 23: “ Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.”