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Court sets deadline for pleas in "Beach" case

The Republic of Congo has until 11 December to file its written pleas in a case brought against its top officials by a French court for alleged violations of human rights, the International Court of Justice (ICJ) reported from The Hague on Wednesday. Congo is seeking an end to investigations and prosecution measures taken by French judicial authorities regarding complaints of crimes against humanity and torture allegedly committed in the Congo against individuals of Congolese nationality filed by various human rights associations against President Denis Sassou-Nguesso; Interior Minister Pierre Oba; the inspector-general of the Congolese Armed Forces, Gen Norbert Dabira; the commander of the Presidential Guard, Gen Blaise Adoua, and other individuals. ICJ President Shi Jiuyong ordered on Friday that Congo would be required to file its "memorial" no later than 11 December 2003, while France would then be required to file its "counter-memorial" no later than 11 May 2004. In a statement, he ICJ explained its procedures as follows: Contentious proceedings before the court consist of two parts, written and oral. During the first phase, written pleadings are exchanged. The applicant state files a memorial to which the respondent state replies in a counter-memorial. In certain cases, the court may further authorise or direct a reply by the applicant and a rejoinder by the respondent. Upon the closure of the written phase, public hearings are organised. Then, the court delivers its judgment. The pleadings remain confidential during the written phase of the proceedings. They are made accessible to the public only on or after the opening of the oral proceedings, subject to the court’s decision. The "Beach" case is based on the events of May 1999, when thousands of Congolese who had fled fighting that had plagued the capital, Brazzaville, since 1998 chose to return to the city, taking advantage of a "humanitarian corridor" established by the Office of the UN High Commissioner for Refugees. Sources present at the time determined that at least 350 individuals had "disappeared" during their return from exile. They have become known as the "Disparus du Beach" - those who disappeared from Brazzaville's port known as "le Beach" on the River Congo. The High Court in the French town of Meaux is holding hearings in the case filed against Dabira for alleged crimes of torture, forced disappearance and crimes against humanity. The Congolese government is conducting its own hearings before its Tribunal de Grande Instance in Brazzaville, under Judge Patrice Ndzouala. France, the former colonial ruler of the Congo, is today its main trading partner and provider of bilateral aid. [For the complete court order go to: www.icj-cij.org]

This article was produced by IRIN News while it was part of the United Nations Office for the Coordination of Humanitarian Affairs. Please send queries on copyright or liability to the UN. For more information: https://shop.un.org/rights-permissions

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