Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) - Fixing of time-limit for the filing of the Counter-Memorial of the Democratic Republic of the Congo

INTERNATIONAL COURT OF JUSTICE

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Website: www.icj-cij.org

Press Release
Unofficial

2007/18 No.

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

Fixing of time-limit for the filing of the Counter-Memorial
of the Democratic Republic of the Congo

THE HAGUE, 28 June 2007. The International C ourt of Justice (ICJ), the principal judicial

organ of the United Nations, has fixed the time-lim it for the filing of the Counter-Memorial of the
Democratic Republic of the Congo (DRC) in the case concerning Ahmadou Sadio Diallo (Republic
of Guinea v. Democratic Republic of the Congo).

In its Order dated 27June2007, the Court fixed 27March2008 as the time-limit for the

filing of the Counter-Memorial of the DRC.

This decision follows the Judgment of 24May2007, in which the Court found that the
Application of the Republic of Guinea was admissi ble in so far as it concerns protection of
Mr.Diallo’s rights as an individual and of his direct rights as associé

Africontainers-Zaire.

The time-limit was fixed taking into account th e agreement of the Parties. The subsequent
procedure has been reserved for further decision.

History of the proceedings

On 28December1998, the Republic of Gu inea instituted proceedings against the
Democratic Republic of the Congo in respect of a dispute originating in “serious violations of
international law” which the latter had a llegedly “committed upon the person of a Guinean

national”, Mr. Ahmadou Sadio Diallo.

According to Guinea, Mr. Ahmadou Sadio Dia llo, a businessman who had spent 32 years in
the DRC, was “unjustly imprisoned by the authori ties of that State” for two and a half months,
“despoiled of his sizable investments, busin esses, movable and immovable property and bank

accounts, and then”, on 2 February 1996, “expelled from the country” for seeking payment of debts
owed to him by the Democratic Republic of the Congo and by oil companies established in that
country under contracts with companies ow ned by him, namely Africom-Zaire and
Africontainers-Zaire.

As a basis for the Court’s jurisdiction, Guinea relies on the 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. - 2 -

By an Order of 25 November 1999, the Cour t fixed 11 September 2000 as the time-limit for
the filing of a Memorial by Guinea and 11Se ptember2001 as the time-limit for the filing of a

Counter-Memorial by the Democratic Republic of the Congo. By an Order of 8September2000
those time-limits were respectively extended to 23 March 2001 and 4 October 2002. The Memorial
was filed within the time-limit as extended.

On 3October2002, within the time-limit fixe d for the filing of the Counter-Memorial, the
DRC raised certain preliminary objections to th e admissibility of Guinea’s Application; the
proceedings on the merits were accordingly susp ended. By an Order of 7November2002, the
Court fixed 7July2003 as the time-limit for Gu inea to present a written statement containing its

observations and submissions on the preliminary objections raised by the DRC. That written
statement was filed within the prescribed time-limit.

Public hearings on the preliminary objec tions were held between 27Novemberand

1December2006. In its Judgment of 24May2007, the Court found that the Application of the
Republic of Guinea was admissible in so far as it c oncerns protection of Mr. Diallo’s rights as an
individual and of his direct rights as associé in Africom-Zaire and Africontainers-Zaire. On the
other hand, the Court held that the Application w as inadmissible in so far as it concerns protection

of Mr. Diallo in respect of alleged violations of rights of Africom-Zaire and Africontainers-Zaire.

___________

The full text of the Order will be availabl e shortly on the Court’s website. You are,
however, reminded that written pleadings remain confidential until the Court decides to make them
accessible to the public, generally at the opening of the oral proceedings.

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of the Department (+31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 70 302 23 37)
Ms Joanne Moore, Associate Information Officer (+31 70 302 23 94)