Equatorial Guinea
Equatorial Guinea adopted a new criminal code in 2022, explicitly prohibiting terrorism for the first time. The new law also abolishes the death penalty in Equatorial Guinea. The Constitution, however, allows respect for fundamental human rights to be suspended when the State is confronted with terrorism.
The Definition of Terrorism in Domestic Law
In 2022, Law No. 4/2022 adopted a new Criminal Code for Equatorial Guinea that has defined and punished, for the first time, crimes related to terrorism.
The law had not been publicly released at the time of writing.
Adherence to Global and Regional Terrorism Treaties
Equatorial Guinea is a State Party to most of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State not party |
Equatorial Guinea is also a State Party to the principal African Union (OAU) treaty on terrorism but is only a signatory to its 2004 Protocol.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | Signatory |
Laws and Penalties for Terrorist Offences
The new Criminal Code lays down the penalties for a range of terrorist offences. The maximum penalty is life imprisonment.
Counterterrorism Capacities and Policies at Domestic Level
The National Police (Policía Nacional de Guinea Ecuatorial) and the Gendarmería are the main law enforcement agencies for Equatorial Guinea. They do not have dedicated counterterrorism units, although in March 2022 they were tasked with stopping and arresting criminal gangs operating in the country.
According to Article 42 of the Constitution:
Due to the actions of armed gangs or terrorist elements, with the necessary intervention of the judiciary and adequate parliamentary control, the rights and guarantees recognized in the Constitution may be suspended individually or collectively for certain people, in accordance with the law.
Glossary
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