KOTA KINABALU: The March 5 attempt by French bailiffs to assess three Malaysian properties in Paris on behalf of the so-called Sulu heirs was a violation of diplomatic immunity, says the government's Special Task Force.
The Special Sulu Task Force said in a statement on Wednesday (March 8) that the attempt by the bailiffs to assess the value of the properties that house the Malaysian 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," the task force said.
French bailiffs who obtained a mortgage for the property from the French Court 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 that they would seek the cancellation of the mortgage registration order on the property.
Malaysia will summon the Sulu claimants to appear before the court which granted the authorisation 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," the task force said.
In explaining the latest attempt by the so-called Sulu claimants to seize Malaysian properties, the task force explained on Monday (March 6) that several people had presented themselves as bailiffs at the Embassy.
It said that the people 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 (bailiffs) requested access to survey the premises 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," said the Task Force
"This was not an attempt to seize the properties," it added, clarifying news reports that they had attempted to seize the Malaysian property.
The task force said that the preliminary legal advice given to Malaysia suggests the bailiffs were instructed by the Sulu claimants to obtain a description of the respective premises.
It said that this is 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 already 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-claimed Sulu heirs and it is expected to be heard by a Paris Court in June.
Malaysia reiterated its stand that it does not recognise the purported commercial arbitration instituted by the Sulu claimants.
Malaysia will continue to vigorously defend its sovereignty through the appropriate legal forums.
