Ill-gotten gains in Gabon – Bongo Case

For justice beyond
borders

Why ill-gotten gains in Gabon?​

Sherpa recalls that, any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.

In 1967, Omar Bongo became President of Gabon. During his term of office, for almost 42 years, the president was suspected of corruption, given his numerous real estate properties and close links with the oil companies operating in Gabon. While suspicions of corruption continue to surround members of the Bongo family, his son Ali Bongo succeeds him after his death in 2009. In France, real property belonging to some members of the Bongo family could be the result of misappropriation of public funds committed during Omar Bongo’s reign.

This case illustrates the undeniable link between grand corruption and the hindrance to development in a country that is rich in natural resources, ranking 112th out of 189 countries on the Human Development Index in 2021. This case also questions the role of banks such as BNP Paribas in facilitating corruption practices.

Timeline

Key dates

  • 28 March 2007

    Complaint filed

    Complaint filed by Sherpa, Survie and the Fédération des Congolais de la Diaspora concerning the misappropriation of public funds by several members of the Bongo family, the proceeds of which were allegedly invested in France. The complaint was dismissed on 12 November 2007.

  • 2 December 2008

    Complaint filed

    Civil party complaint filed by Transparency International France and a Gabonese national, with the support of Sherpa, against several members of the Bongo family, notably for misappropriation of public funds, concealment of misappropriation of public funds and corruption of public officials and private individuals.

  • 9 November 2010

    Judicial investigation opened

    Following the filing of the civil complaint.

  • 30 July 2017

    Three members of an alleged shell company charged

    Three members of an alleged shell company were charged on suspicion of laundering public money embezzled by Omar Bongo by purchasing real estate in France on his behalf.

  • 11 May 2021

    BNP Paribas charged

    The French bank is charged with corruption laundering and misappropriation of public funds and is alleged to have failed in its due diligence obligations.

  • 31 July 2022

    Nine children of Omar Bongo charged

    Between March and July 2022, members of the Bongo family are suspected of having knowingly benefited from a property portfolio fraudulently built up in France by their father estimated at at least 85 million euros.

  • 14 March 2023

    Gabonese State recognised as a victim

    Paris Court of Appeal granted the Gabonese state legal standing to act as a civil party in the investigation into the Bongo family.

  • 14 March 2023

    Judicial investigation ongoing

    15 years after the complaint was lodged, the judicial investigation is continuing.

Impact

Why initiate legal action?

Sherpa

The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.

Sherpa

Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.

Sherpa

In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.

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