Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) - Preliminary objections - Public hearings to open on Monday 27 November 2006

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. 2006/30
18 July 2006

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

Preliminary objections

Public hearings to open on Monday 27 November 2006

THE HAGUE, 18 July 2006. Public hearings in the case concerning Ahmadou Sadio Diallo
(Republic of Guinea v. Democratic Republic of the Congo) will open on Monday
27November2006 before the International Court of Justice (ICJ), principal judicial organ of the
United Nations.

The detailed schedule for the hearings, which w ill be concerned solely with the preliminary
objections raised by the Democratic Republic of the Congo regarding the admissibility of the
Application, will be published at a later date.

History of the proceedings

On 28 December 1998 the Republic of Guinea instituted proceedings against the Democratic
Republic of the Congo by submitting an “Application for purposes of diplomatic protection”, in
which it requested the Court to find that “the Democratic Republic of the Congo is guilty of serious

violations of international law committe d upon the person of a Guinean national”,
Mr. Ahmadou Sadio Diallo.

According to Guinea, Mr. Ahmadou Sadio Diallo, a businessman who had spent 32 years in
the Democratic Republic of the Congo, was “unjustly imprisoned by the authorities of that State”

for two and a half months, “despoiled of his sizable investments, business, movable and immovable
property and bank accounts, and then”, on 2 Februa ry 1996, “expelled from the country”, because
he had sought the payment of debts owed to hi m by the Democratic Republic of the Congo (in
particular by Gécamines, a State undertaking with a monopoly over mining) and by oil companies

established in that country (Zaire Shell, Zaire Mobil and Zaire Fina) under contracts with
companies owned by him, namely Africom-Zaire and Africacontainers-Zaire.

As basis for the Court’s jurisdiction, Gu inea relies on declarations of, respectively,
8 February 1989 and 11 November 1998 whereby the Democratic Republic of the Congo and

Guinea itself accepted the Court’s compulsory jurisdiction.

By Order of 25November1999 the Court, taking account of the agreement of the Parties,
fixed 11September2000 as the time-limit for the filing of a Memorial by Guinea and - 2 -

11September2001 as the time-limit for the filin g of a Counter-Memorial by the Democratic
Republic of the Congo.

By Order of 8September2000 the President of the Court, at the request of Guinea and
taking account of the views expressed by the other Party, extended to 23 March 2001 the time-limit
for the filing of the Memorial and to 4October2002 the time-limit for the filing of the

Counter-Memorial. The Memorial was filed w ithin the time-limit as so extended. On
3 October 2002, within the time-limit fixed for th e filing of the Counter-Memorial, the DRC raised
certain preliminary objections to the admissibility of the Application; the proceedings on the
merits were accordingly suspended.

By Order of 7November2002 the Court fixed 7July2003 as the time-limit for Guinea to
present a written statement containing its obser vations and submissions on the preliminary
objections raised by the Democratic Republic of the Congo. That written statement was filed

within the time-limit as so fixed.

___________

Information Department:

Mrs. Laurence Blairon, Head of the Department (+ 31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+ 31 70 302 23 37)
E-mail address: [email protected]