Rule of Law in Equatorial Guinea – World Countries for Kids

The judiciary lacks independence, and judges very often consult with the president before issuing important verdicts. As per the constitution, the president is the country’s first magistrate. He also supervises the body that nominates judges. The vice president often criticizes the judiciary, exerting pressure on judges who are worried of being dismissed or arrested. On February 11, 2020 Equatoguinean security forces encircled the private home of Juan Carlos Ondó Angué (the former President of the Supreme Court) in an attempt to arrest him without producing a warrant.  As stated by his family, Mr. Ondó Angué locked himself inside his home and declined entry to the armed security personnel, who tried to force open the door. Family members also think that the immediate arrival at the scene of the Ambassadors from the United States, Spain, France and Germany might have prevented the security from applying disproportionate force to carry out the illegal arrest. Justice Ondó Angué, who had earlier been selected as Deputy Attorney General, and as a Justice in the Constitutional Court, was appointed in May 2015 to the Supreme Court by the President of Equatorial Guinea but was later on dismissed in August 2018.

Due process seldom prevails in civil and criminal cases. In June 2023, large number of members of the opposition CI party were sentenced by a military court. Observers considered the use of a military court irregular, and the trial was carried out behind closed doors without independent legal representation for the defendants. An activist, Jerónimo Ndgong Mesi, was imprisoned in January 2023 without even being formally charged and remained in prison at the end of the year. In August yet another activist, Joaquin Elo Ayeto, was illegally held in detention for more than a month for a civil offense.

Torture, beatings, and forced disappearances by security forces are very common. Prisons are inhumanly overcrowded and feature exacting conditions, including poor sanitation, physical abuse, and denial of medical care. In September 2023, many officials were tried by a military court for torture and homicide after at least seven inmates perished due to mistreatment, torture, and starvation under their supervision.

Women face apparent discrimination in employment and other matters, particularly in rural areas. Ethnic minority groups such as the Ndowe, Bubi, and Annobonese suffer continuous societal discrimination in the form of difficulties accessing public services or harassment from law enforcement officials. Immigrants, including irregular migrants, are subject to physical abuse, raids, and extortion at the hands of police.