Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France) - Public hearings to open on Monday 21 January 2008

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. 2007/27
2 October 2007

Certain Questions of Mutual Assistance in Criminal Matters
(Djibouti v. France)

Public hearings to open on Monday 21 January 2008

THE HAGUE, 2 October 2007. The public hearings in the case concerning Certain

Questions of Mutual Assistance in Criminal Matters (Djibouti v. France) will open on Monday
21January 2008 before the International Court of Justice (ICJ), principal judicial organ of the
United Nations.

The detailed schedule for the hearings will be published at a later date.

History of the proceedings

On 9 January 2006 the Republic of Djibouti filed an Application instituting proceedings
against France, referring to “the refusal by the French governmental and judicial authorities to

execute an international letter rogatory regarding the transmission to the judicial authorities in
Djibouti of the record relating to the investiga tion in the Case against X for the murder of
BernardBorrel”. In its Application Djibouti maintained that the refusal constituted a violation of
France’s international obligations both under the Tr eaty of Friendship and Co-operation signed by
the two States on 27June1977 and the Convention on Mutual Assistance in Criminal Matters

between France and Djibouti dated 27Septembe r1986. Djibouti further asserted that, in
summoning certain internationally protected nationals of Djibouti, including th e Head of State, as
témoins assistés [legally represented witnesses] in conn ection with a criminal complaint for
subornation of perjury against X in the Borrel case,France had violated its obligation to prevent
attacks on the person, freedom or dignity of individuals enjoying such protection.

In its Application, the Republic of Djibouti stat ed that it intended to found the jurisdiction of
the Court on Article 38, paragraph 5, of the Rulesof Court, adding that it was “confident that the
French Republic w[ould] agree to submit to the jurisdiction of the Court to settle the present

dispute”. In accordance with that Article, the Application by the Republic of Djibouti was
transmitted to the French Government.

In a letter dated 25July2006 and received in the Registry on 9August2006, the French
Republic specified that it “consent[ed] to the Court’s jurisdiction to entertain the Application

pursuant to, and solely on the basis of, said Article 38, paragraph 5”. That consent made it possible
to enter the case in the Court’s List on 9 August 2006 and to open the proceedings. - 2 -

By an Order of 15November2006, the Cour t fixed the time-limits for the filing of a
Memorial by Djibouti and a Counter-Memorial by Fr ance. Those pleadings were submitted within

the prescribed time-limits, i.e. 15 March and 13 July 2007 respectively.

Neither Party wishing to submit further writte n pleadings, and the Court seeing no need for
them to do so, the case was ready for hearing.

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)

Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)