International Law Keyed to Damrosche
Ahmadou Sadio Diallo (Guinea v. Democratic Republic of the Congo)
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A state responsibility, diplomatic protection case was filed by Guinea (P) on behalf of its national, Diallo, against the D.R.C. (D) in the International Court of Justice. Guinea’s (P) 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 (D) 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 (D) companies. The “refusal of entry” is not appealable under the D.R.C.’s (D) law. Based on these allegations, Guinea (P) concluded that the treatment melted out on Diallo, contravened international law for which the D.R.C. (D) was responsible. On their part, the D.R.C. (D) 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.
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