French bailiffs violated diplomatic immunity, says Sulu task force

KOTA KINABALU: An attempt by French bailiffs to assess three Malaysian properties in Paris on behalf of the so-called Sulu heirs on March 5 was a violation of diplomatic immunity under the Vienna convention, says the Special Sulu Task Force.

It said the bailiffs, who were attempting to assess the value of these properties that housed the embassy and staff quarters, went against the convention of diplomatic immunity.

“Malaysia maintains that the premises of any diplomatic mission shall be inviolable and shall be immune from any search, requisition, attachment or requisition under the Vienna Convention on Diplomatic Relations,” it said in a statement yesterday.

French bailiffs who obtained a mortgage for the property from a court there were attempting to assess the three Paris properties owned by the Malaysian government in another bid by descendants of a former Sultanate to enforce a controversial US$15bil (RM66bil) award they had won against Malaysia.

The task force said it would seek the cancellation of the mortgage registration order on the property.

Malaysia will summon the Sulu claimants to appear before the court that granted the authorisation to register a mortgage on the property and to cancel it, the task force said.

“The statutory mortgage is not an enforcement measure (seizure) per se,” it added.

In explaining the latest attempt on March 5 by the so-called Sulu claimants, the task force said that individuals presenting themselves as bailiffs had approached the Embassy of Malaysia located at 4 rue Bénouville, and the front of the staff residence at 48 and 50 rue de la Faisanderie.

“They requested access into the premises to survey the premises, based on the reason to obtain a description of the properties.

“The diplomatic staff at the respective premises told the bailiffs this is not possible and turned them away. The bailiffs left shortly after. It was not an attempt to seize the properties,” the task force said in clarifying news reports that they had attempted to seize the Malaysian property.

The task force said preliminary legal advice given to Malaysia suggests that the bailiffs were instructed by the Sulu claimants to obtain a description of the premises, on the basis of the statutory mortgage registered on the premises on Nov 3, 2022, on an authorisation order granted on an ex parte basis from the Paris Court of First Instance.

This is based on the purported Partial Award dated May 25, 2020, and the subsequent Exequatur Order dated Sept 29, 2021, which are being challenged by Malaysia in French courts as well other jurisdictions.

Malaysia has obtained a stay order on the controversial Paris Arbitration Court award to the self-proclaimed Sulu heirs. This is expected to be heard by a Paris court in June.