Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) - Preliminary objections - Schedule of public hearings to be held from 27 November to 1 December 2006

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2006/36
9 November 2006

Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)

Preliminary objections

Schedule of public hearings to be held from
27 November to 1 December 2006

THE HAGUE, 9November2006. As announced previously, the International Court of

Justice (ICJ), principal judicial organ of the Un ited Nations, will hold public hearings in the case
concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) ,
starting on Monday 27 November 2006, at the Peace Palace in The Hague, seat of the Court.

The hearings will be concerned solely with the preliminary objections raised by the
Democratic Republic of the Congo (DRC) regarding the admissibility of the Application.

Schedule for the hearings

⎯ First round of oral argument

Monday 27 November 2006 10 a.m.-1 p.m.: Democratic Republic of the Congo

Tuesday 28 November 2006 10 a.m.-1 p.m.: Republic of Guinea

⎯ Second round of oral argument

Wednesday 29 November 2006 3-6 p.m.: Democratic Republic of the Congo

Friday 1 December 2006 10 a.m.-1 p.m.: Republic of Guinea

Solemn declaration of two judges ad hoc

Since the Court included upon the Bench no judge of the nationality of the Parties, each
Party availed itself of its right under Article 31 of the Statute of the Court to choose a judge ad hoc
to sit in the case. The Republic of Guinea cho se Mr. Ahmed Mahiou (Algeria) and the Democratic
Republic of the Congo chose Mr. Auguste Mampuya Kanunk’A-Tshiabo (DRC). - 2 -

Pursuant to Article20 of the Statute of the Court, the two judges adhoc will make the
solemn declaration “that [they] will exercise [their ] powers impartially and conscientiously”, at the

start of the hearing on Monday 27 November 2006.

History of the proceedings

On 28 December 1998 the Republic of Guinea instituted proceedings against the Democratic
Republic of the Congo by submitting an “Application for purposes of diplomatic protection”, in
which it requested the Court to find that “the Democratic Republic of the Congo is guilty of serious
violations of international law committe d upon the person of a Guinean national”,

Mr. Ahmadou Sadio Diallo.

According to Guinea, Mr. Ahmadou Sadio Diallo, a businessman who had spent 32 years in
the Democratic Republic of the Congo, was “unjustly imprisoned by the authorities of that State”

for two and a half months, “despoiled of his sizable investments, business, movable and immovable
property and bank accounts, and then”, on 2 Februa ry 1996, “expelled from the country”, because
he had sought the payment of debts owed to hi m by the Democratic Republic of the Congo (in
particular by Gécamines, a State undertaking with a monopoly over mining) and by oil companies

established in that country (Zaire Shell, Zaire Mobil and Zaire Fina) under contracts with
companies owned by him, namely Africom-Zaire and Africacontainers-Zaire.

As basis for the Court’s jurisdiction, Gu inea relies on declarations of, respectively,

8 February 1989 and 11 November 1998 whereby the Democratic Republic of the Congo and
Guinea itself accepted the Court’s compulsory jurisdiction.

By Order of 25November1999 the Court, taking account of the agreement of the Parties,

fixed 11September2000 as the time-limit for the filing of a Memorial by Guinea and
11September2001 as the time-limit for the filin g of a Counter-Memorial by the Democratic
Republic of the Congo.

By Order of 8September2000 the President of the Court, at the request of Guinea and
taking account of the views expressed by the other Party, extended to 23 March 2001 the time-limit
for the filing of the Memorial and to 4October2002 the time-limit for the filing of the
Counter-Memorial. The Memorial was filed w ithin the time-limit as so extended. On

3 October 2002, within the time-limit fixed for th e filing of the Counter-Memorial, the DRC raised
certain preliminary objections to the admissibility of the Application; the proceedings on the
merits were accordingly suspended.

By Order of 7November2002 the Court fixed 7July2003 as the time-limit for Guinea to
present a written statement containing its obser vations and submissions on the preliminary
objections raised by the Democratic Republic of the Congo. That written statement was filed
within the time-limit as so fixed.

N OTE TO THE PRESS

1. The public hearings will be held in th e Great Hall of Justice of the Peace Palace in
TheHague, Netherlands. Mobile telephones and beepers are allowed in the courtroom
provided they are turned off. Any offending device will be temporarily retained.

2. Members of the Press may attend on presentation of a press card. The tables reserved for
them are situated to the far left of the public entrance to the courtroom. - 3 -

3. Photographs and TV shots may be taken for a few minutes at the opening of each sitting.
The proceedings will be displayed live on a la rge TV screen in the Press Room, located on the

ground floor of the Peace Palace (Room 5). In the Press Room, it will be possible for TV crews
to connect recording equipment directly to the Court’s video system, but advance notice of this
should be given to the Informati on Department. There is also a facility for the connection of
sound-only equipment to the Court’s audio system during the proceedings.

4. Telephone calls may be made from the phone located in the Press Room (collect calls
only) or from the public payphones in the Post Office in the basement of the Peace Palace.

5. Verbatim records of the hearings w ill be published daily on the Court’s website
(www.icj-cij.org), with translations to follow as soon as practicable thereafter.

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of the Department (+ 31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+ 31 70 302 23 37)

Ms Joanne Moore, Assistant Information Officer (+ 31 70 302 2394)
E-mail address: [email protected]