Commisimpex Case Of Congo-B: The Government Against attack

New twist in the case Commisimpex. This legal battle opposes and thirties and in the courts of several countries, the Congolese state man to Mohsen Hojeij business. The latter still claims via its Commisimpex company, almost 900 million unpaid in Brazzaville, which for its part, says that it must Commisimpex 1 billion 300 million tax claim.
The last weekend, the Minister of Justice Pierre Mabiala has announced the opening of criminal proceedings against Mohsen Hojeij for fraud judgments and aggravated tax fraud.




Besides the announcement of these proceedings taken against Mohsen Hojeij, the Minister of Justice issued a decision of the Supreme Court invalidates an important document folder: a 1993 letter of commitment, in which the Congo renounced his immunities from jurisdiction and execution. The first allows a State, under certain conditions, to evade the jurisdiction of a foreign court; the second, to protect his property against the decisions of such a court.
The court took the view, according to the Minister, that the signatory of the letter did not have the required powers that denies Me Genet lawyer Commisimpex. "  If we are surprised is that the writer of the time was the Minister of Economy and Finance, which is none other than the current prime minister, Clement Mouamba; and that, moreover, only three days after signing the commitment letter, the first president of the Supreme Court of the Congo, Mr. Placide Lenga, who is still in office, attested by the appropriate legal advice that Mr. Clement had to Mouamba all the powers and all the necessary qualities to sign the letter. "

For the minister, the invalidation of the letter and the proceedings initiated against Mohsen Ojeij facto suspend the proceedings by Commisimpex outside the country. Me Genet denounces "  a farce which is just another attempt to Brazzaville to escape the judgment already rendered in favor of the company, particularly in France and the United States."