Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia) - Conclusion of the public hearings on the Request for the indication of provisional measures s

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. 2014/1
22 January 2014

Questions relating to the Seizure and Detention of Certain Documents
and Data (Timor-Leste v. Australia)

Conclusion of the public hearings on the Request for the indication of
provisional measures submitted by Timor-Leste

THE HAGUE, 22 January 2014. The public hearings on the Request for the indication of
provisional measures submitted by the Democratic Republic of Timor-Leste to the International
Court of Justice in the case concerning Questions relating to the Seizure and Detention of Certain
Documents and Data (Timor-Leste v. Australia) were concluded today. The Court will now begin

its deliberation.

Two rounds of oral observations on the request were held from Monday 20 to Wednesday
22 January 2014 at the Peace Palace in The Hague, seat of the Court. During the hearings, the
delegation of Timor-Leste was led by H.E. Mr. Joaquim A.M.L. da Fonseca, Ambassador of the
Democratic Republic of Timor-Leste to the United Kingdom, as Agent. The delegation of
Australia was led by Mr. John Reid, First Assistant Secretary, International Law and Human Rights
Division, Attorney-General’s Department, as Agent.

The Court’s decision on the Request for the indication of provisional measures will be
delivered at a public sitting, the date of which will be announced in due course.

Requests of the Parties

At the end of the second round of oral observations, the Parties presented the following
submissions to the Court:

For Timor-Leste:

“Timor-Leste respectfully requests that the Court indicate the following
provisional measures:

(a) That all of the documents and data seized by Australia from 5 Brockman Street,
Narrabundah, in the Australian Capital Territory on 3 December 2013 be
immediately sealed and delivered into the custody of the International Court of

Justice. - 2 -

(b) That Australia immediately deliver to Timor-Leste and to the International Court
of Justice (i) a list of any and all documents and data that it has disclosed or

transmitted, or the information contained in which it has disclosed or transmitted
to any person, whether or not such person is employed by or holds office in any
organ of the Australian State or of any third State, and (ii) a list of the identities or
descriptions of and current positions held by such persons.

(c) That Australia deliver within five days to Timor-Leste and to the International
Court of Justice a list of any and all copies that it has made of any of the seized

documents and data.

(d) That Australia (i) destroy beyond recovery any and all copies of the documents
and data seized by Australia on 3 December 2013, and use every effort to secure
the destruction beyond recovery of all copies that it has transmitted to any third
party, and (ii) inform Timor-Leste and the International Court of Justice of all
steps taken in pursuance of that order for destruction, whether or not successful.

(e) That Australia give an assurance that it will not intercept or cause or request the
interception of communications between Timor-Leste and its legal advisers,
whether within or outside Australia or Timor-Leste.”

For Australia:

“1. Australia requests the Court to refuse the Request for the indication of provisional
measures submitted by the Democratic Republic of Timor-Leste.

2. Australia further requests the Court stay the proceedings until the Arbitral Tribunal
has rendered its judgment in the Arbitration under the Timor Sea Treaty.”

*

The verbatim records of the hearings held from 20 to 22 January 2014 are available on the

Court’s website (www.icj-cij.org).

___________

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

It was established by the United Nations Charter in June 1945 and began its activities in
April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York. The Court has a
twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by
States (its judgments have binding force and are without appeal for the parties concerned); and,
second, to give advisory opinions on legal questions referred to it by duly authorized United
Nations organs and agencies of the system. The Court is composed of 15 judges elected for a

nine-year term by the General Assembly and the Security Council of the United Nations.
Independent of the United Nations Secretariat, it is assisted by a Registry, its own international
secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official
languages of the Court are French and English. Also known as the “World Court”, it is the only
court of a universal character with general jurisdiction. - 3 -

The ICJ, a court open only to States for contentious proceedings, and to certain organs and
institutions of the United Nations system for advisory proceedings, should not be confused with the

other mostly criminal judicial institutions based in The Hague and adjacent areas, such as the
International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the
Security Council), the International Criminal Court (ICC, the first permanent international criminal
court, established by treaty, which does not belong to the United Nations system), the Special
Tribunal for Lebanon (STL, an independent judicial body composed of Lebanese and international
judges, which is not a United Nations tribunal and does not form part of the Lebanese judicial

system), or the Permanent Court of Arbitration (PCA, an independent institution which assists in
the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague
Convention of 1899).

___________

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 Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)