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Equatorial Guinea: Ángel Obama Obiang Eseng suspended after harassment

13 November 2024

Ángel Obama Obiang Eseng is an Equatoguinean lawyer renowned for his defence of human rights activists. He has been temporarily suspended and ordered to shut down his practice while disciplinary proceedings are carried out against him.

Ángel Obama Obiang Eseng is known for his representation of at least 19 people arrested for taking part in a peaceful demonstration against dynamite explosions on the island of Annobón, which endangered its inhabitants and biodiversity.

Lawyer Obiang Eseng also defended lawyer Anacleto Micha, who was accused of slander by a police officer whom he had accused of torture. Mr Micha is currently being held incommunicado, still represented by Mr Obiang Eseng.

After defending the activist Joaquín Elo Ayeto, leader of the civic platform Somos Más, Angel Obama Obiang Eseng was accused of supporting an association considered illegal because it was not registered, and placed in detention on 4 August 2024 for 48 hours. Although the lawyer declared that he had defended Joaquín Elo Ayeto as an individual and not Somos Más precisely because it lacks legal personality due to its lack of registration, he was suspended from the practice of his profession by the Equatorial Guinea Bar Association as a “precautionary measure”.

Although the lawyer stated that he had defended Joaquin Elo Ayeto as an individual and not in his capacity as leader of the association, he was suspended from practising his profession by the Equatorial Guinea Bar Association as a ‘precautionary measure’.

The Observatory strongly condemns the arbitrary suspension of lawyer Ángel Obama Obiang Eseng and the very serious ban on entrusting his cases to other lawyers, considering this decision to be a flagrant violation of the right to defence and the independence of the legal profession.

The Observatory urges the Bar Association of Equatorial Guinea to immediately reinstate Ángel Obama Obiang Eseng in his functions and to put an end to any form of harassment or persecution of lawyers practising their profession legally in Equatorial Guinea.

The Observatory urges the Bar Association of Equatorial Guinea to respect the independence of lawyers in all circumstances, and to refrain from using measures of suspension or sanctions that aim solely to restrict the free exercise of their profession.

The Observatory urges the Equatoguinean authorities to protect lawyers from any form of harassment or persecution in Equatorial Guinea.

The Observatory recalls that, in accordance with the basic principles of the United Nations relating to the role of the Bar, in particular principles 16, 18 and 23:

“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 16)

Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.” (Principle 18)

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.” (Principle 23)