INTERNATIONAL COURT OF JUSTICE
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Website: www.icj-cij.org
Press Release
Unofficial
No. 2002/33
13 November 2002
Ahmadou Sadio Diallo
(Republic of Guinea v. Democratic Republic of the Congo)
Fixing of the time-limit for the filing by Guinea of a written statement
on the preliminary objections raised by the Congo
THE HAGUE, 13November2002. By an Orde r dated 7November2002 the International
Court of Justice (ICJ) fixed 7July2003 as the time-limit within which Guinea may present a
written statement of its observations and submissions on the preliminary objections raised by the
Democratic Republic of the Congo (DRC) in the case concerning Ahmadou Sadio Diallo (Republic
of Guinea v. Democratic Republic of the Congo) . The subsequent procedure was reserved for
further decision.
The DRC had raised preliminary objections to the admissibility of Guinea’s Application on
3 October 2002. Pursuant to Artic le 79 of the Rules of Court, the proceedings on the merits were
then suspended.
At a meeting held by the President of the Court with the representatives of the Parties on
5November2002, Guinea indicated that it would need eight months for the preparation of its
written statement, having regard in particular to the time required to gather all the relevant facts.
The DRC did not object to such a time-limit being fixed.
History of the proceedings
On 28 December 1998 the Republic of Guinea in stituted proceedings against the Democratic
Republic of the Congo (DRC) by filing in the Registry of the Court an “Application with a view to
diplomatic protection”, in which it requested th e Court to “condemn the Democratic Republic of
the Congo for the grave breaches of international law perpetrated upon the person of a Guinean
national”, Mr. Ahmadou Sadio Diallo.
According to Guinea, Mr. Ahmadou Sadio Diallo, a businessman who had been a resident of
the Democratic Republic of the Congo for 32 years, was “unlawfully imprisoned by the authorities
of that State” for two-and-a-half months, “divested of his important investments, companies, bank
accounts, movable and immovable properties, then expelled” on 2 February 1996 as a result of his
attempts to recover sums owed to him by the Democratic Repub lic of the Congo (especially by
Gécamines, a State enterprise with a monopoly over mining), and by oil companies operating in
that country (Zaïre Shell, Zaïre Mobil and Zaïr e Fina), under contracts concluded with businesses
owned by him, Africom-Zaïre and Africacontainers-Zaïre. - 2 -
As basis for the Court’s jurisdiction, Guin ea invoked its declaration of acceptance of the
compulsory jurisdiction of the Court of 11 Novemb er 1998 and that of the Democratic Republic of
the Congo of 8 February 1989.
By an Order of 25November1999 the Cour t, taking into account the agreement of the
Parties, fixed 11September2000 as the time-limit for the filing of a Memorial by Guinea and
11 September 2001 for the filing of a Counter-Memorial by the Democratic Republic of the Congo.
By an Order of 8September2000 the President of the Court, at the request of Guinea and
after the views of the other Party had been ascertained, extended those time-limits to
23 March 2001 and 4 October 2002 respectively. The Memorial was filed within the time-limit as
thus extended. On 3 October 2002, within the time-limit fixed for the Counter-Memorial, the DRC
filed preliminary objections to the admissibility of the Application.
___________
The full text of the Order will shortly be av ailable on the Court’s website at the following
address: http://www.icj-cij.org
____________
Information Department:
Mr. Arthur Th. Witteveen, First Secretary (+31 70 302 23 36)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (+31 70 302 23 37)
E-mail address: [email protected]
Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of Congo) - Fixing of the time-limit for the filing by Guinea of a written statement on the preliminary objections raised by the Congo