INTERNATIONAL COURT OF JUSTICE
REQUEST FOR THE INDICATION OF
PROVISIONAL MEASURES OF PROTECTION
SUBMITTED BY THE GOVERNMENT OF
THE REPUBLIC OF PARAGUAY
Brussels, 3 April 1998
1. I have the honour to refer to the Application submitted to the Court this day instituting
proceedings in the name of the Republic of Paraguay against the Government of the United
States of America and to submit, in accordance with Article 41 of the Statute of the Court and
Articles 73, 74, and 75 of the Rules of the Court, an urgent request that the Court indicate
provisional measures to preserve the rights of the Republic of Paraguay. The Court has
jurisdiction pursuant to Article I of the Optional Protocol Concerning the Compulsory
Settlement of Disputes to the Vienna Convention on Consular Relations.
2. The compelling facts underlying this request are set forth in the Application. On
1 September 1992, law enforcement officials of the Commonwealth of Virginia, one of the
United States of America, arrested a national of Paraguay, Angel Francisco Breard.
Mr. Breard was subsequently convicted and sentenced to death. At no time did these officials
inform Mr. Breard of his right to communicate with his consulate, as required under
Article 36 of the Vienna Convention. Mr. Breard was and thus remained unaware of his rights
under the Convention. As a result, Paraguay was not alerted to Mr. Breard's situation and was
unable to exercise its right to render consular assistance until after he had already been tried,
convicted, and sentenced.
3. Paraguay was therefore unable to protect its interests as provided for in Articles 5 and 36 of
the Vienna Convention. Similarly, it was unable to protect its detained national's interests as
provided for in those Articles.
4. As set forth in the Application, Paraguay submits that the actions of the Virginia officials,
attributable to the United States, violated international legal obligations that the United States
owes to Paraguay in its own right and in the exercise of its right of diplomatic protection of its
national. As further set forth in the Application, Paraguay has requested that the Court declare
that the United States has violated its obligations under the Vienna Convention; that the
United States is obligated to restore the status quo ante; and that the United States is obligated
to ensure that any future detention of or criminal proceedings against Mr. Breard or any other
Paraguayan national in its territory be carried out in conformity with the international legal
obligations the United States owes Paraguay.
5. By order dated 25 February 1998, the Circuit Court of Arlington County, Virginia, United
States of America, has ordered that on 14 April 1998, pursuant to Virginia Code § 53.1-234,
Mr. Breard be electrocuted or injected with a lethal substance until he is dead.
6. The importance and sanctity of an individual human life are well established in
international law. As recognized by Article 6 of the International Covenant on Civil andPolitical Rights, every human being has the inherent right to life and this right shall be
protected by law.
7. Under the grave and exceptional circumstances of this case, and given the paramount
interest of Paraguay in the life and liberty of its nationals, provisional measures are urgently
needed to protect the life of Paraguay's national and the ability of this Court to order the relief
to which Paraguay is entitled: restitution in kind. Without the provisional measures requested,
the United States will execute Mr. Breard before this Court can consider the merits of
Paraguay's claims, and Paraguay will be forever deprived of the opportunity to have the status
quo ante restored in the event of a judgment in its favour.
8. On behalf of the Government of Paraguay, I therefore respectfully request that, pending
final judgment in this case, the Court indicate:
(a) That the Government of the United States take the measures necessary to
ensure that Mr. Breard not be executed pending the disposition of this case;
(b) That the Government of the United States report to the Court the actions it
has taken in pursuance of subparagraph (a) immediately above and the results
of those actions; and
(c) That the Government of the United States ensure that no action is taken that
might prejudice the rights of the Republic of Paraguay with respect to any
decision this Court may render on the merits of the case.
9. In view of the extreme gravity and immediacy of the threat that authorities in the United
States will execute a Paraguayan citizen in violation of obligations the United States owes to
Paraguay, Paraguay respectfully asks the Court to treat this request as a matter of the greatest
urgency.
10. The Government of the Republic of Paraguay has authorized the undersigned to appear
before the Court in any proceedings or hearings relating to this request that the Court may
convene in accordance with the terms of Article 74, paragraph 3, of the Rules of the Court.
(Signed) His Excellency Manuel María Cáceres
Ambassador of the Republic of Paraguay to the Kingdom of
Belgium and the Kingdom of the Netherlands
Request for the Indication of Provisional Measures of Protection submitted by the Government of the Republic of Paraguay