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    Ahmadou Sadio Diallo

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    Anju
    The case involved a Guinean national, Diallo, who had lived in the DRC for 32 years and was expelled. Guinea filed a case against the DRC claiming Diallo's arrest, detention, and expropriated investments violated his rights. The DRC argued local remedies had not been exhausted. The court found that the possibility of reconsideration by an administrative authority, such as the Prime Minister retracting a decision as an act of grace, does not constitute an exhaustion of local remedies under international law.

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    Ahmadou Sadio Diallo

    Uploaded by

    Anju
    17 views2 pages
    The case involved a Guinean national, Diallo, who had lived in the DRC for 32 years and was expelled. Guinea filed a case against the DRC claiming Diallo's arrest, detention, and expropriated investments violated his rights. The DRC argued local remedies had not been exhausted. The court found that the possibility of reconsideration by an administrative authority, such as the Prime Minister retracting a decision as an act of grace, does not constitute an exhaustion of local remedies under international law.

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    AHMADOU SADIO DIALLO

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    The case involved a Guinean national, Diallo, who had lived in the DRC for 32 years and was expelled. Guinea filed a case against the DRC claiming Diallo's arrest, detention, and expropriated investments violated his rights. The DRC argued local remedies had not been exhausted. The court found that the possibility of reconsideration by an administrative authority, such as the Prime Minister retracting a decision as an act of grace, does not constitute an exhaustion of local remedies under international law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views2 pages

    Ahmadou Sadio Diallo

    Uploaded by

    Anju
    The case involved a Guinean national, Diallo, who had lived in the DRC for 32 years and was expelled. Guinea filed a case against the DRC claiming Diallo's arrest, detention, and expropriated investments violated his rights. The DRC argued local remedies had not been exhausted. The court found that the possibility of reconsideration by an administrative authority, such as the Prime Minister retracting a decision as an act of grace, does not constitute an exhaustion of local remedies under international law.

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    AHMADOU SADIO DIALLO (GUINEA V.

    DEMOCRATIC REPUBLIC OF THE CONGO)

    Citation: ICJ GL No 103 (2007)


    Facts: A state responsibility, diplomatic protection case was filed by
    Guinea on behalf of its national, Diallo, against the D.R.C. in the
    International Court of Justice. Guinea’s suit was based on the allegation
    that Diallo, who had resided in D.R.C. for 32 years, had been arrested and
    imprisoned without trial by the defendant’s authorities, detained in
    violation of his fundamental human rights, and his investments, property,
    and businesses unlawfully expropriated.
    The D.R.C however expelled Diallo by refusing him entry into the country
    after he had in local proceedings, unsuccessfully attempted to recover the
    sums owed him by the D.R. C’s companies. The “refusal of entry” is not
    appealable under the D.R.C.’s law. Based on these allegations, Guinea
    concluded that the treatment melted out on Diallo, contravened
    international law for which the D.R.C. was responsible. On their part, the
    D.R.C. contended that the allegations were not admissible on the premise
    that local remedies had not been exhausted including the reconsideration
    by its Prime Minister. So, the requirement for the exercise of diplomatic
    protection which includes exhaustion of local remedies was not met by
    Diallo.
    Issue: As a matter of grace, can reconsideration by an administrative
    authority of an administrative decision constitute a local remedy which
    must be exhausted before the decision can be challenged in an
    international proceeding?
    Judgement & Principle Applied: As a matter of grace, the possibility of
    reconsideration by an administrative authority of an administrative
    decision does not constitute a local remedy that must be exhausted before
    the decision can be challenged in an international proceeding. The
    principle that all local remedies must be exhausted before international
    proceedings maybe instituted is a well enshrined rule of customary
    international law that provides the state against whom the claim is made
    the opportunity to redress any wrongs by its own means and within the
    framework of its own legal system. Legal and administrative remedies
    must be exhausted but administrative remedies can only be considered for
    purposes of the local rule if they are aimed at vindicating a right and not
    at obtaining a favor, unless they constitute an essential prerequisite for the
    admissibility of subsequent contentious proceedings. In this case, the
    possibility of having the Prime Minister, who holds the administrative
    authority, to retract his decision as a matter of grace does not constitute a
    local remedy to be exhausted. The D.R.C.’s objection to the expulsion
    claim must therefore be dismissed because it failed to show that it
    provided that effective remedies were exhausted.

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