Togo: French Filmmakers Detention Release, Return to France

• French filmmakers Gaël Mocaër and Sebastian Perez Pezzani received Togo provisional release and permission to leave the country on September 1.
• They had been arrested on July 27 in northern Togo while filming a documentary for France Télévisions.
• Togolese authorities cited "fausses déclarations," a lack of authorizations, and unauthorized drone filming in a sensitive zone as reasons for their detention.
• Sebastian Perez Pezzani had been temporarily released in late August for health reasons, with his passport confiscated.
• The French Ministry of Foreign Affairs expressed significant relief following the resolution of the case.

The detention and eventual Togo provisional release of Gaël Mocaër and Sebastian Perez Pezzani serve as a stark reminder of the critical importance for foreign entities, especially media and production companies, to meticulously secure all necessary local permits and adhere strictly to national regulations when operating abroad.

French filmmakers Gaël Mocaër and Sebastian Perez Pezzani have been granted provisional release from detention in Togo and permitted to return to France, concluding an ordeal that began in late July. The two French nationals, who were filming a documentary for France Télévisions, were expected back in their home country on Thursday morning, following confirmation from diplomatic sources. Their provisional release, which included authorization to depart Togolese territory, was officially communicated on September 1.

The French Ministry of Foreign Affairs, Quai d'Orsay, confirmed the development, with spokesperson Pascal Confavreux expressing significant relief for both the ministry and the filmmakers' families. This resolution came after sustained efforts by French diplomatic channels. Mocaër and Perez Pezzani had been apprehended on July 27 in northern Togo while working on an episode for the series "Les Routes de l'impossible."

They were subsequently held in detention in the capital, Lomé. Sebastian Perez Pezzani had previously been released in late August due to health concerns, though his passport was confiscated at that time. The initial arrest also involved a Togolese collaborator, Fred Vedomey. The case of these French nationals detained Togo drew international attention, underscoring the complexities faced by foreign media operating in various jurisdictions.

Togolese authorities cited "fausses déclarations" (false declarations) as the primary reason for the filmmakers' detention, an accusation that Gaël Mocaër and Sebastian Perez Pezzani, through their lawyer Martial Akakpo, have consistently contested. Beyond this specific charge, the authorities also pointed to a series of procedural irregularities surrounding the production mission.

These irregularities notably included the absence of required official authorizations for filming within the country. Furthermore, the use of a drone in a sensitive northern region of Togo was highlighted as a significant breach of regulations. This particular area has been designated as sensitive due to ongoing jihadist incursions originating from neighboring Burkina Faso, a security concern that has persisted since 2021.

The unauthorized drone filming in Togo's northern territories, coupled with the lack of proper permits, formed a critical part of the official justification for the arrests. This context underscores the stringent regulatory environment that foreign media and production companies must navigate, particularly in regions with heightened security concerns.

The detention and eventual Togo provisional release of Gaël Mocaër and Sebastian Perez Pezzani serve as a stark reminder of the critical importance for foreign entities, especially media and production companies, to meticulously secure all necessary local permits and adhere strictly to national regulations when operating abroad. This incident highlights the potential legal ramifications, including detention, that can arise from non-compliance, particularly in sensitive regions.

For organizations planning projects in African jurisdictions or other areas with complex security and regulatory landscapes, thorough due diligence is paramount. This includes not only obtaining general filming permits but also understanding and complying with specific restrictions, such as those governing drone usage, which can vary significantly by location and prevailing security conditions. The case of these French nationals detained Togo underscores that even well-intentioned projects can face severe complications if local protocols are not rigorously followed.

This situation emphasizes the need for comprehensive legal advice and operational planning to mitigate risks. Lawyers advising clients on international productions should stress the necessity of proactive engagement with local authorities to ensure full compliance, thereby avoiding issues like unauthorized drone filming Togo and charges of "fausses déclarations Togo," which can lead to significant disruptions and diplomatic involvement.

This case underscores the critical importance for foreign entities, especially media and production companies, to meticulously secure all necessary local permits and adhere strictly to regulations, including drone usage, when operating in sensitive regions like Togo, to avoid detention and legal complications. Lawyers should advise clients on thorough due diligence for operational compliance in African jurisdictions.

Source: Original reporting via AFP