Seizure of assets - national proceedings


Gabon - Constitution 1991 (2011) EN

Inalienable rights Article 1
The Gabonese Republic recognizes and guarantees the inalienable and imprescriptible human rights, which are necessarily tied to the public powers:
10°. All people, as individuals or as groups, have the right to own property. None may be deprived of one’s property, if not for a public necessity, legally declared, required and under conditions of a just and prior compensation. Notwithstanding, the dispossession of abandoned buildings justified by public utility and or an insufficiency of development is regulated by the law;

12°. The domicile is inalienable. A search of the home may only be ordered by a judge or by the other authorities designated by the law. Searches must be executed within the law’s prescriptions. Measures that may threaten or restrict the inalienability of the domicile may only be taken to address community dangers or to protect the public order against imminent menaces, notably epidemic risks or persons in immediate danger;

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and