Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France) - 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. 2008/3
30 January 2008

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

Conclusion of the public hearings

Court begins its deliberation

THE HAGUE, 30January2008. The pub lic hearings in the case concerning Certain
Questions of Mutual Assistance in Criminal Matters (Djibouti v. France) were concluded

yesterday. The Court has started its deliberation.

During the hearings, which opened on 21Janua ry2008 at the Peace Palace, seat of the
Court, the delegation of Djibouti was led by H.E. Mr. Siad Mohamed Doualeh, Ambassador of the
Republic of Djibouti to the Swiss Confederation, as Agent. The delegation of France was led by

MsEdwigeBelliard, Director of Legal Affairs, Ministry of Foreign and European Affairs, as
Agent.

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 Agents of the Parties presented the following final
submissions to the Court:

For Djibouti:

“The Republic of Djibouti requests the Court to adjudge and declare:

1. that the French Republic has violated its obligations under the 1986 Convention:

(i) by not acting upon its undertaking of 27January2005 to execute the letter
rogatory addressed to it by the Republic of Djibouti dated 3 November 2004;

(ii) in the alternative, by not performing its obligation pursuant to Article 1 of the
aforementioned Convention following its wrongful refusal given in the letter

of 6 June 2005; - 2 -

(iii)in the further alternative, by not performing its obligation pursuant to
Article1 of the aforementioned Convention following its wrongful refusal

given in the letter of 31 May 2005;

2. that the French Republic shall immediat ely after the delivery of the Judgment by
the Court:

(i) transmit the “Borrel file” in its entirety to the Republic of Djibouti;

(ii) in the alternative, transmit the “Borrel file” to the Republic of Djibouti within

the terms and conditions determined by the Court;

3. that the French Republic has violated its obligation pursuant to the principles of
customary and general international law not to attack the immunity, honour and
dignity of the President of the Republic of Djibouti:

(i) by issuing a witness summons to the President of the Republic of Djibouti on
17 May 2005;

(ii)by repeating such attack or by attempting to repeat such attack on
14 February 2007;

(iii)by making both summonses public by immediately circulating the

information to the French media;

(iv)by not responding appropriately to the two letters of protest from the
Ambassador of the Republic of D jibouti in Paris dated 18May2005 and

14 February 2007 respectively;

4. that the French Republic has violated its obligation pursuant to the principles of
customary and general international la w to prevent attacks on the immunity,

honour and dignity of the President of the Republic of Djibouti;

5. that the French Republic shall immediat ely after the delivery of the Judgment by
the Court withdraw the witness summons dated 17May2005 and declare it null

and void;

6. that the French Republic has violated its obligation pursuant to the principles of
customary and general international law not to attack the person, freedom and

honour of the Public Prosecutor of the Republic of Djibouti and the Head of
National Security of Djibouti;

7. that the French Republic has violated its obligation pursuant to the principles of

customary and general international law to prevent attacks on the person, freedom
and honour of the Public Prosecutor of the Republic of Djibouti and the Head of
National Security of the Republic of Djibouti;

8. that the French Republic shall immediat ely after the delivery of the Judgment by
the Court withdraw the summonses to attend as témoins assistés [legally
represented witnesses] and the arrest warrants issued against the Public Prosecutor
of the Republic of Djibouti and the Head of National Security of the Republic of

Djibouti and declare them null and void;

9. that the French Republic by acting contra ry to or by failing to act in accordance
with Articles 1, 3, 4, 6 and 7 of the Treaty of Friendship and Co-operation of 1977 - 3 -

individually or collectively has violated the spirit and purpose of that Treaty, as
well as the obligations deriving therefrom;

10. that the French Republic shall cease its wrongful conduct and abide strictly by the
obligations incumbent on it in the future;

11.that the French Republic shall provide the Republic of Djibouti with specific
assurances and guarantees of non-repetition of the wrongful acts complained of.”

For France:

“The French Republic requests the Court:

1. (a) to declare that it lacks jurisdiction to rule on those claims presented by the
Republic of Djibouti upon completion of its oral argument which go beyond

the subject of the dispute as set out in its Application, or to declare them
inadmissible;

(b) in the alternative, to declare those claims to be unfounded;

2. to reject all the other claims made by the Republic of Djibouti.”

___________

The verbatim records of the hearings held between 21 and 29 January 2008 are available on

the Court’s website (www.icj-cij.org). The history of the proceedings can be found in Press
Release No. 2007/27 of 2 November 2007.

___________

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, Assistant Information Officer (+31 (0)70 302 2394)