INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org
Communiqué
unofficial
for immediaterelease
No. 98/13
3 April 1998
Paraguay brings a case against the United States of America
and requests the indication of provisional measures
Hearing to be held on Tuesday 7 Aprill998
THE HAGUE, 3April 1998. Paraguay today instituted proceedings against the United States
.. of America before the International Court of Justice in a dispute concerning alleged violations of
the Vienna Convention on Consular Relations of 24 April 1963 with respect to the case of
Mr. Angel Francisco Breard, a Paraguayan national convicted of murder in Virginia (United States)
who is due to be putto death on 14 April 1998.
Paraguay maintains that Mr. Breard was arrested, tried, convicted and sentenced ta death
without Virginia advising him of his right to assistance by the consular officers of Paraguay,
as required by the Vienna Convention. 1t furthermore contends that Paraguayan consular officers
were never notified by the United Statesof the detention of Mr. Breard, leaming of it through third
parties more than two years after his trial and sentencing.
/
Accordingly, Paraguay asks the Court to adjudge and declare that the United States bas
violated itinternational legal obligations underthe Vienna Convention and that Paraguay is entitled
to "restitution in kind", that is, the re-establishment of the situation that existed before the United
States failed to provide the required notification.
As a basis for the jurisdiction of the Court, Paraguay invoked Article I of the Vienna
Convention'sOptional Protocol Conceming the Compulsory Settlement ofDisputes. Bath Paraguay
and the United States are parties to the Vienna Convention and to the Optional Protocol, Article I of
which provides that "disputes arising out ofthe interpretation or application of the Convention shall
lie within the compulsory jurisdiction of the International Court of Justice".
"In view of the extreme gravity and immediacy" of the case, Paraguay also filed today an
urgent request for interim measures of protection (provisional measures), asking the Court to
indicate that the United States should refrain from executing Mr. Breard before the Court could
consider Paraguay's claims. 1t requested that a hearing be held at the earliest possible date.
In letters dated today, Vice-President Weeramantry, exercising the fonctions of the presidency
in the case and acting in conformity with Article 74, paragraph 4, of the Rules of the Court, drew
the attentionof bath Parties to "the need to act in such a way asto enable any Order the Court will
make on the request for provisional measures to have its appropriate effects".
He informed them that the Court would hold a public sitting on Tuesday 7 April 1998
at 10 a.m, to hear the observations of the Parties on the request for provisional measures. - 2 -
Vice-President Weeramantry exercises the fonctions of the presidency in the case, President
Schwebel being a national of the United States.
Thefull texts the Application and of the request for the indication ofprovisional measures
of Paraguay will soon be available on the Website of the Court (http://www.icj-cij.org).
NOTE FOR THE PRESS
1. The public sitting will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are allowed in the courtroom provided
they are turned off or set on silent mode. Any offending deviee will be temporarily retained.
2. Members of the Press will beentitled to attend on presentation of an admission card, which
may be obtained upon application. The tables reserved for them are situated on the far left of the
public entrancef the courtroom.
3. Photographs may be tak.enfor a few minutes at the opening and at the end of the sitting.
Television crews may film, but advance notice should be given to the Information Office (see
paragraph 7).
4. In the Press Room, located on the ground floor of the Peace Palace (Room 5), the Court's
proceedings will be relayed through a loudspeaker.
5. Members of the Press who wish to make telephone calls may use the phone located inthe
Press Room for collect calls or the public telephones inthe Post Office in the basement of the Peace
~- .
6. Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336), and Mrs. Laurence
Blairon, Information Officer (tel: 31-70-302 2337), are available to deal with any requests for
information and for making arrangements for television coverage.
Paraguay brings a case against the United States of America and requests the indication of provisional measures - Hearing to be held on Tuesday 7 April 1998