DECLARATION OF JUDGE OWADA
1. While I have voted in favour of all the dispositifs as contained in paragraph 154 of the
Judgment, I wish to elaborate on some salient points of the Judgment, with a view to adding clarity
to what I wanted to convey through the language of the Judgment. First, I wish to show how I have
come to the conclusion that France’s first preliminary objection be upheld, especially in the context
of the alleged violations by France of the provisions other than Article 4 of the Palermo

JOINT DISSENTING OPINION OF VICE-PRESIDENT XUE,
JUDGES SEBUTINDE AND ROBINSON
AND JUDGE AD HOC KATEKA
Jurisdiction under the United Nations Convention against Transnational Organized Crime
(Palermo Convention)  Dispute concerning the interpretation or application of the Palermo
Convention  Overarching and pervasive effect of Article 4 (1) of the Palermo
Convention  Principle of sovereign equality of States has a discrete value  Article 4 (1) is not

Note: This translation has been prepared by the Registry for internal purposes and has no official
character
ANNEXI
UNITED NATIONS - NATIONS UNIES
POSTA!. ADDRE:SS-AORESSE F"OSTAL.E UNITED NATIONS, N.Y. 10017
CAaL.E ADORES5-ADRESSIE TE~EGRAP'HIQUE UNATIONS N&WYONK
Reference: C.N.798.2003.TREA TIES-4 (Depositary Notification)
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREA TMENT OR PUNISHMENT
NEW YORK, 10 DECEMBER 1984
CONGO: ACCESSION

Note: This translation has been prepared by the Registry for internal purposes and has no official
character
ANNEX I
EXTRACTS FROM THE FRENCH CODE OF CRIMINAL PROCEDURE
Article 40
(Law No. 85-1407 of 30 December 1985, Article 1.)
The Procureur de la République receives complaints and denunciations and determines
what action should be taken on them. He informs the complainant if the case is discontinued,
as well as the victim where the latter has been identified. (Sentence inserted by Law