Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France)

The late Judge Bernard BorrelThe dispute between France and Djibouti arose in relation to the investigation into the death of the French Judge Bernard Borrel in Djibouti in 1995. Djibouti’s Application concerned “the refusal by the French governmental and judicial authorities to execute an international letter rogatory regarding the transmission to the judicial authorities in Djibouti of the record relating to the investigation in the ‘Case against X for the murder of Bernard Borrel’”.  Djibouti maintained that the refusal constitutes a violation of France’s international obligations under the Treaty of Friendship and Co-operation signed by the two States on 27 June 1977 and the Convention on Mutual Assistance in Criminal Matters between France and Djibouti, dated 27 September 1986.

On 4 June 2008, the International Court of Justice (ICJ) rendered its judgement in the case. In its Judgment, the Court unanimously found that France failed to meet its international obligations by not giving the reasons for its refusal to execute a letter rogatory issued by Djibouti in 2004. The Court also determined that its finding of this violation constitutes appropriate satisfaction. The Court did not uphold any of the other final submissions presented by Djibouti.

Research/ miscellaneous (Research Document)
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