Ahmadou Sadio Diallo. (2016)

• Record Type: Journal Article
• Editors: Lauterpacht, Elihu; Greenwood, Christopher; Lee, Karen
• Is Part Of: International law reports. Volume 166(2016)
• Page Start: 1
• Page End: 396
• Publication Date: 2016
• Subjects: Claims -- Human rights -- Diplomatic relations -- Treaties -- Consular relations -- Aliens -- Relationship of international law and municipal law -- International Court of Justice -- Damages; International Court of Justice; International law -- Cases -- Periodicals; Treaties -- Periodicals; 341.0268
• DOI: 10.1017/CBO9781107416161.001
• Languages: English
• ISSNs: 0309-0671

Abstract

Abstract : 1 Claims — Admissibility — Diplomatic protection — Local remedies — Claim by Guinea on behalf of Guinean national — Whether Guinea lacking standing — Whether remedies under Congolese law exhausted — Claim concerning arrest, detention and expulsion measures taken by Democratic Republic of Congo against Guinean citizen in 1995-6 — Additional claim concerning arrest and detention measures taken by Democratic Republic of Congo against Guinean citizen in 1988-9 — Whether additional claim implicit in or arising directly out of question which was subject matter of Application — Guinea claiming violation of Guinean citizen's rights by Democratic Republic of Congo — Claim as individual — Claim on behalf of company — Whether DRC violating its obligations under international treaties — Whether compensation due Human rights — Right to liberty and security of person — Rights in relation to arrest and detention — Rights in relation to expulsion — Nature of rights — Rights as individual — Rights as shareholder in companies — Rights on behalf of individual by substitution for companies — Whether violation of rights — Whether circumstances of Mr Diallo's arrest, detention and expulsion constituting breach by DRC of its international law obligations — International Covenant on Civil and Political Rights, 1966, Articles 9(1), 9(2) and 13 — African Charter on Human and Peoples' Rights, 1981, Articles 6 and 12(4) — Vienna Convention on Consular Relations, 1963, Article 36(1)(b) — International jurisprudence — Whether compensation due Diplomatic relations — Guinea seeking to exercise diplomatic protection of its national for violation of his rights — Whether requirements met for exercise of diplomatic protection — Whether Mr Diallo national of Guinea — Whether Mr Diallo having exhausted local remedies available in Democratic Republic of Congo — Individual personal rights — Direct rights as associé in companies — Whether exception to general legal regime of diplomatic protection for natural or legal persons — Rights of companies by substitution — Guinean national arrested, detained and expelled by DRC authorities — Whether measures taken by DRC violating International Covenant on Civil and Political Rights, 1966 and African Charter on Human and Peoples' Rights, 1981 — Whether DRC violating Article 36(1)(b) of the Vienna Convention on Consular Relations, 1963 — Whether compensation due 2 Treaties — Interpretation — Human rights treaties — International Covenant on Civil and Political Rights, 1966, Articles 9(1), 9(2) and 13 — African Charter on Human and Peoples' Rights, 1981, Articles 6 and 12(4) — International Court of Justice applying regional instruments for protection of human rights — Whether circumstances of Mr Diallo's arrest, detention and expulsion in 1995-6 constituting breach by DRC of its international law obligations under human rights treaties — Whether detention in 1995-6 constituting breach by DRC of Vienna Convention on Consular Relations, 1963, Article 36(1)(b) Consular relations — Treaties — Vienna Convention on Consular Relations, 1963, Article 36(1)(b) — Right to request consular assistance — Right to be informed without delay upon arrest of right to request consular assistance — Whether DRC violating Article 36(1)(b) of the Vienna Convention on Consular Relations, 1963 — Whether compensation due Aliens — Alien lawfully in territory of Democratic Republic of Congo — Expulsion of alien — Whether DRC violating rights of alien in contravention of international agreements — International Covenant on Civil and Political Rights, 1966, Article 13 — African Charter on Human and Peoples' Rights, 1981, Article 14(4) — Whether decision to expel in accordance with Congolese law — Compatibility of Congolese law with Covenant and African Charter — Whether DRC violating international law obligations Relationship of international law and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — African Charter on Human and Peoples' Rights, 1981 — Arrest, detention and expulsion of alien lawfully in Democratic Republic of Congo — Whether DRC violating international treaties — Whether in accordance with Congolese law — Compatibility of Congolese law with Covenant and African Charter — International jurisprudence International Court of Justice — Merits phase — Disagreement between Parties on facts — Burden of proof — Subject matter — Nature of dispute — Evidence produced by Parties — Court to decide upon facts — Compensation — Amount of compensation — Practice in other international tribunals 3 Damages — Compensation — Reparation — Non-material or moral injury — Material injury — Loss of personal property — Loss of professional remuneration — Deprivation of potential earnings — Whether Guinea suffering injury — Whether injury consequence of DRC's wrongful conduct — Amount of compensation due — Judgments of other international tribunals