MOOT COMPROMIS

This Moot proposition has been authored by Mr. Ravi Prakash, Advocate, Supreme Court of India for
the Commonwealth Mooting Competition, 2016.

1. The United Republic of ASIAN (hereinafter URA) is one of the highly industrialized country with a
population of approximately 60 million people. It is a global economic power and world leader in the field of
science & technology. It is the world leader in missile and defence technology and it holds scintillating
brilliance in the field of production & manufacturing of arms and ammunitions of modern warfare
techniques. It is one of the founding members of United Nation (UN) and is the permanent member of UN
Security Council (UNSC).
2. The Republic of Andorra is a developing economy having a population of approximately 10 million
people. It is one of the small coastal economy having an area of around 28,000 sq. Km. Besides having a
long coastal area, the territorial sovereignty of Republic of Andorra is also recognised on four neighbouring
Island (which are mostly inhabitable) in the Sea of Aresia.
3. Mr. KianGanzard has ruled the Republic of Andorra for over three decades since seizing power from a
democratically elected government in the year 1986 in a military coup. Currently, Mr. KianGanzard is the
constitutional head i.e. President of Republic of Andorra. Although nominally a constitutional democracy
since 1995, the subsequent presidential elections - as well as the legislative elections - were widely seen as
flawed and electoral fraud. The President of Andorra exerts almost total control over the political system
which has crushed the values of liberal constitutional democracy.
4. In last decade, the Republic of Andorra experienced rapid economic growth due to the discovery of large
offshore oil reserves, and in recent times it has become one of the leading oil exporters.
5. The international Civil society and NGOs working in the field of Human Rights and eliminating poverty
and corruption from different quarter of the world, have alleged against and questioned the (mis)rule of Mr.
KianGanzard in last 30 years by suppressing dissent and maintaining tight control over the country’s wealth.
It is one of the common allegation in all the report of last decade that under his leadership, the people of
Republic of Andorra endures grinding poverty, illiteracy and continue to lead an abysmal life-standards due
to abject poverty and rampage corruption while oil money flows into the private bank accounts of Ganzards’
family members and their affiliates.

6. URA and Republic of Andorra are founding members of the United Nations and are Parties to the Statute
of the International Court of Justice.
7. URA and Republic of Andorra are Parties to the Vienna Convention on the Law of Treaties.
8. Most of the population of Republic of Andorra is mired in desperate poverty, with more than 60 percent
living on less than $1 per day according to the United Nations Development Assistance Framework. As per
the recent Human Development Report of the UNDP, the Republic of Andorra was the worst governed
country of all surveyed, as measured by the disconnect between available wealth and development.
9. The eldest son of President KianGanzardand his possible successor, Mr. TTK Ganzard was elevated to the
post of second Vice-President of the Republic of Andorra in the year 2007. Besides, his post as Second Vice
President of the Country, he was holding the country’s portfolio of Defence and Strategic Administration.
10. The post of Second Vice-President is not recognised in the basic governing document i.e. Constitution of
Republic of Andorra. It only recognises the post of ‘Vice- President’ who is the deputy head of the
Government of Republic of Andorra in absence of its President.
11. The ACCOUNTABILITY INTERNATIONAL is a non-government, non-party and not-for-profit civil
society organization working towards promoting transparent and ethical governance and to eradicate
corruption. It has its presence in more than 157 country of the world. In year 2009, a human rights group on
behalf of Accountability International, URA brought a criminal complaint against several world leaders
including Mr. TTK Ganzard for allegedly using public funds to buy luxury properties and goods in URA
through various modes of money- laundering and corruption.
12. Based on the complaint of the ACCOUNTABILITY INTERNATIONAL, the investigation agency of
URA swung into action and indicted Mr. TTK Ganzard of Money – laundering charges, and discovered
various assets owned exclusively by him including a palatial House at 18, Rose Avenue Manhattan, URA
and other rare luxurious goods. The estimated value of this palatial House at Rose Avenue is approximately
$190 million besides a $30 million luxury mansion in one of the Island city of URA, a $49 million
Gulfstream jet which all were privately owned by Mr. TTK Ganzard.

13. The United Nations Children's Fund (UNICEF) is a United Nations (UN) program headquartered in one
of the City of URA, which provides humanitarian and developmental assistance to children and mothers in
developing countries. It was created by the United Nations General Assembly on 11 December 1946, to
provide emergency food and healthcare to children in countries.
14. In the year 2010, the UNICEF - GANZARD Global Prize for Social Work was approved when the
Executive Board of the UNICEF accepted the offer of $3 million from President of Republic of Andorra to
endow an award in his name.
15. The timing and purpose of this award was questioned by the leading Human Rights Activists and
Institutions of the world who works in the field of Social Development and Empowerment fighting illiteracy,
gender inequality, malnourishment, poverty, and corruption under the aegis of Rule of Law.
16. However, the award is being conferred continuously to the individuals who are championing the cause of
humanity and development across the globe irrespective of borders.
17. The United Nations Educational, Scientific and Cultural Organization (UNESCO) which is a specialized
agency of the United Nations (UN) has also its headquarter in URA. Its declared purpose is to contribute to
peace and security by promoting international collaboration through educational, scientific, and cultural
reforms in order to increase universal respect for justice, the rule of law, and human rights along with
fundamental freedom proclaimed in the United Nations Charter.
18. The Republic of URA and its prosecution agency prepared a case against Mr. TTK Ganzard on charges
including corruption, money-laundering and embezzlement of public funds and sought his co-operation and
face the investigation. Mr. TTK Ganzard denied the charges and wrongdoing as well as also questioned the
jurisdiction of domestic Courts of URA.

19. In URA, the ongoing investigation and unearthing of various assets owned and controlled by Mr. TTK
Ganzard in URA itself as well as other parts of the world has made headlines and arouse considerable public
interest. It is popularly known as “Kleptocracy Ill Gotten Money Case” in URA.
20. In January 2011, the President of Andorra appointed his son i.e. Mr. TTK Gazard as Andorra’s Deputy
Permanent Delegate to UNESCO.
21. URA and Republic of Andorra are Parties and signatory to the Nations Convention against Transnational
Organized Crime (UNCTOC). Both the countries have ratified the UNCTOC.
22. URA and Republic of Andorra are Parties to the Vienna Convention on Diplomatic Relations (VCDR)
and all its optional protocol.
23. The United Nations Convention against Transnational Organized Crime, adopted by General Assembly
resolution 55/25 of 15 November 2000, is the main international instrument in the fight against transnational
organized crime. Countries must become parties to the Convention itself before they can become parties to
any of the Protocols. Currently, a total of 147 countries are its signatory besides having 187 member state(s)
are Parties to UNCTOC.
24. The Republic of Andorra is neither a party nor a signatory to the Protocol against the Illicit
Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing
the United Nations Convention against Transnational Organized Crime. However, the Republic of URA has
ratified all the three protocols supplementing UNCTOC.
25. In year March, 2011 itself, before the competent court of URA started the trial of case relating to
“Kleptocracy Ill Gotten Money Case” – Mr. TTK Ganzard sold his palatial House at Rose Avenue to the
Govt. of Andorra for an allegedly whooping sum of Rs.$310 million. The Republic of Andorra through its
communiqué dated 18.03.2011 from the office of Ambassador conveyed to the URA that the said House at
Rose Avenue is owned and controlled by Govt. of Andorra. It is no longer a private property and is being
used for the purpose of diplomatic mission of Republic of Andorra.

26. In April 2011, in the process of investigating the “Kleptocracy Ill Gotten Money Case” against MR. TTK
Ganzard- the police of URA has stormed into palatial House at 18, Rose Avenue Manhattan, URA and seized
the same along with other known properties(owned and controlled) by Mr. TTK Ganzard.
27. The Republic of Andorra through its diplomatic note registered the strongest possible protest against the
said seizure of building by the police of URA and termed its occupation as ‘unauthorised and illegal’ in the
eye of International Law violating the principle of ‘Sovereignty’ and provisions of VCDR. The communiqué
dated 11.04.2011reads as under:-

“xxx
The criminal proceedings constituted in the URA against the Second Vice –President of Republic of Andorra
is an unlawful interference with its internal affairs of the Republic of ANDORRA because alleged
wrongdoing would fall within the exclusive jurisdiction of Republic of ANDORRA. It is further important to
mention here that Mr. TTK Ganzard is entitled to immunity from the criminal jurisdiction of URA as Second
Vice-President of republic of ANDORRA and Deputy Permanent Delegate to UNESCO. The search, seizure
and occupation of the building at 18, Rose Avenue Manhattan, URA is in breach of the Vienna Convention
on Diplomatic Relations 1961.
While we commit to all kind of cooperation under the existing legal framework (Domestic as well as
International), but the inviolability of sovereignty over Diplomatic premises is unknown to the current
International Legal Framework.
Please accept the assurance of my highest consideration.
Sd/-
XXXXXX
Ambassador”

28. The URA has responded to Republic of Andorra through its communiqué dated 21.06.2011 as under:-

“xxx
We observe that there exists ample legal basis which validates the search, seizure and occupation of House at
18, Rose Avenue Manhattan, URA. The building constitutes Mr. TTK Ganzards private property and does
not belong to the diplomatic mission as allegedly informed through your communiqué dated 18.03.2011. the
action of URA in the month of April 2011 is justified as Mr. TTK Ganzard is accused of various offences
under the Domestic law of
URA and also faces serious criminal charges under the domestic as well as international law. It is further
important to mention that the URA has not only highest respect for its duty and obligation for United Nations
Convention against Transnational Organized Crime and existing international legal framework to which even
Republic of Andorra is party and signatory. We share a long standing bilateral and multilateral relationship
which further strengthened by the economic cooperation and investment. The menace of corruption has
severe impact on the basic human dignity and other human rights while the money-laundering is one of the
instance of international crime of our generation. We consistently face the threat of terrorism finance which
not only poses a threat to the life and liberty of citizens of URA rather than to the entire globe. The claim of
diplomatic immunity as requested by Republic of Andorra in present case is a dwarfing principle in the
changed circumstances and realities of the International Framework.
The URA is committed to bring justice to the victim and uphold rule of Law while respecting the binding
international legal framework and expect cooperation from Republic of Andorra at the highest level.
Please accept the assurance of my highest consideration.
Sd/-
XXXXXX
Ambassador”
29. After exhausting the options through diplomatic channels and under Article 35 of the UNCTOC which
reads as under:-

“Article 35. Settlement of disputes

l. States Parties shall endeavour to settle disputes concerning the interpretation or application of this
Convention through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this
Convention that cannot be settled through negotiation within a reasonable time shall, at the request of one of
those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration,
those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties
may refer the dispute to the International Court of Justice by request in accordance with the Statute of the
Court.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this
Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States
Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a
reservation.
4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time
withdraw that reservation by notification to the Secretary-General of the United Nations.”
30. The Republic of Andorra in year 2014, under its basic law i.e. Constitution of Andorra has appointed Mr.
TTK Ganzard as Vice- President of it having portfolio of Defence and Strategic Administration.
31. In December- 2014, another international NGO i.e. Association for Trade against Arms (ATAA) working
towards the abolition of the international arms trade, had come up with a report and evidence which further
exposes the (mis)rule of Mr. KianGanzard and his family members as well as certain affiliates. The report as
titled “ILLEGAL ARMS & AMMUNITIONS ISLAND” states that one of the island of Republic of Andorra
is the manufacturing hub of Illicit Fi` 1rearms, their Parts and Components and Ammunition and its
trafficking to the different corner of world. The manufacturing unit and company operating on this Island is
owned and controlled by Mr. TTK Ganzard. The report highlights the repressive regime and recourse
adopted by manufacturing company while manufacturing these arms and ammunitions by involving the
children and women. The Report further fears that most of the children and women working on Island may
be trafficked at the behest of Mr. TTK Ganzard through various means including the abuse of diplomatic
privileges.
32. After these diplomatic exchanges, and series of incidents involving the Government of two States (i.e.
Republic of Andorra and URA) tried to negotiate, but failed to resolve the dispute bilaterally as indicated
above including the principles of the sovereign equality of States and non-interference in the internal affairs
of another State and the prosecution of Mr. TTK Ganzard in URA is in violation of United Nations
Convention against Transnational Organized Crime and general international law . However, the parties
agreed to submit these matters to the International Court of Justice under a Special Agreement pursuant to
Article 36, Paragraph 1 of the ICJ Statute.
The Court has a twofold role: to settle, in accordance with international law, legal disputes submitted
to it by States (Contentious cases ) and to give advisory opinions (Advisory proceedings) on legal
questions referred to it by duly authorized United Nations organs and specialized agencies. In
Contentious proceedings, when a dispute is brought before the Court by a unilateral application filed
by one State against another State, the names of parties in the official title of the case are separated by
the abbreviation v. for the Latin versus (e.g., Cameroon v. Nigeria). When a dispute is submitted to the
Court on the basis of a special agreement between two States, the names of the parties are separated
by an oblique stroke (e.g., Indonesia/Malaysia).

33. The ICJ has scheduled the specific legal issues arising from the above Moot Compomisfor hearing before
its Full Court on 12- 13 November. 2016 at Peace Palace in The Hague (Netherlands).