Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) - Conclusion of the public hearings Court begins its deliberation

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. 2010/12
29 April 2010

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

Conclusion of the public hearings

Court begins its deliberation

THE HAGUE, 29 April010. The public hearings in the case concerning
Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) were concluded
today. The Court has started its deliberation.

During the hearings, which opened on 19 April 2010 at the Peace Palace, seat of the Court,
the delegation of the Republic of Guinea was led by Colonel Siba Lohalamou, Minister of Justice,
Keeper of the Seals, as Head of Delegation. The delegation of the Democratic Republic of the
Congo was led by H.E.Mr.HenriMovaSakanyi, Ambassador of the Democratic Republic of the

Congo to the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of
Luxembourg, as Agent and Head of Delegation.

The Court’s Judgment will be rendered at a public sitting, the date of which will be
announced in due course.

Final submissions of the Parties

At the end of the oral proceedings, the Par ties presented the following final submissions to
the Court:

For Guinea:

“1. On the grounds set out in its Memorial, its Reply and the oral argument now
being concluded, the Republic of Guinea requ ests the International Court of Justice to
adjudge and declare:

(a) that, in carrying out arbitrary arrests of its national, Mr.AhmadouSadioDiallo,
and expelling him; in not at that time respecting his right to the benefit of the
provisions of the 1963Vienna Convention on Consular Relations; in submitting
him to humiliating and degrading treatment; in depriving him of the exercise of
his rights of ownership, oversight and ma nagement in respect of the companies

which he founded in the DRC and in which he was the sole associé; in preventing
him in that capacity from pursuing recovery of the numerous debts owed to the
said companies both by the DRC itself and by other contractual partners; and in expropriating de facto Mr.Diallo’s property, the Democratic Republic of the
Congo has committed internationally wrongful acts which engage its

responsibility to the Republic of Guinea;

(b) that the Democratic Republic of the Congo is accordingly bound to make full
reparation on account of the injury suffere d by Mr.Diallo or by the Republic of

Guinea in the person of its national;

(c) that such reparation shall take the form of compensation covering the totality of
the injuries caused by the internationa lly wrongful acts of the Democratic

Republic of the Congo, including loss of earnings, and shall also include interest.

2. The Republic of Guinea further requ ests the Court kindly to authorize it to
submit an assessment of the amount of the compensation due to it on this account

from the Democratic Republic of the Congo in a subsequent phase of the proceedings
in the event that the two Parties should be unable to agree on the amount thereof
within a period of six months following delivery of the Judgment.”

For the Democratic Republic of the Congo:

“In the light of the arguments referred to above and of the Court’s Judgment of
24May2007 on the preliminary objections, whereby the Court declared Guinea’s

Application to be inadmissible in so far as it concerned protection of Mr.Diallo in
respect of alleged violations of rights of Africom-Zaire and Africontainers-Zaire, the
Respondent respectfully requests the Court to adjudge and declare that:

1. the Democratic Republic of the Cong o has not committed any internationally
wrongful acts towards Guinea in respect of Mr. Diallo’s individual personal rights;

2. the Democratic Republic of the Cong o has not committed any internationally
wrongful acts towards Guinea in respect of Mr. Diallo’s direct rights as associé in

Africom-Zaire and Africontainers-Zaire;

3. accordingly, the Application of the Republic of Guinea is unfounded in fact and in
law and no reparation is due.”

___________

The verbatim records of the hearings held between 19 April and 29 April 2010 are available
on the Court’s website (www.icj-cij.org).

___________

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)

Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0)70 302 2396)