HEARINGS ON QUESTION OF IMMUNITY OF SPECIAL RAPPORTEUR OF COMMISSION ON HUMAN RIGHTS CONCLUDES AT THE HAGUE
Press Release
ECO/10
L/2904
HEARINGS ON QUESTION OF IMMUNITY OF SPECIAL RAPPORTEUR OF COMMISSION ON HUMAN RIGHTS CONCLUDES AT THE HAGUE
19981210 THE HAGUE, 10 December (ICJ) -- The public hearings in the case concerning the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights (request for an advisory opinion) at the International Court of Justice (ICJ) were concluded today, enabling the Court to start its deliberations.During these hearings, which started on 7 December, the Secretary-General of the United Nations represented by the Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Hans Corell, as well as Costa Rica, Italy and Malaysia made oral submissions. The Court's Advisory Opinion will be delivered in the spring of 1999. It will be read during a public sitting on a date to be announced.
Background Information
The request for an advisory opinion was made last August by the Economic and Social Council, one of the six principal organs of the United Nations. The case relates to Param Cumaraswamy, a Malaysian jurist who in 1994 was appointed Special Rapporteur on the independence of judges in an interview he gave in 1995 to International Commercial Litigation magazine.
However, according to the United Nations Secretary-General, Mr. Cumaraswamy spoke in his official capacity of Special Rapporteur and was thus immune from legal process by virtue of the Convention on the Privileges and Immunities of the United Nations. Moves by the Secretary-General to ensure respect for this immunity did not lead, in his view, to any appropriate intervention by the Malaysian Government in the Malaysian courts.
Internal Practice of ICJ with Respect to Deliberations
In accordance with the Internal Judicial Practice of the Court with respect to deliberations, the judges will soon hold a preliminary discussion at which the President will outline the issues which require discussion and a decision by the Court.
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After initial consideration, each judge will prepare a written Note setting out his views on the case. The Note will be distributed to the other judges. A full deliberation will be held afterwards at the end of which, on the basis of the views expressed, a drafting committee will be chosen by secret ballot. That committee will consist of two judges holding the majority view and the President if he shares that view.
The draft text will go through two readings during which the amendments submitted in writing by the judges will be considered. Meanwhile, judges who wish to do so may prepare a separate or dissenting opinion.
The final vote will be taken after adoption of the final text in the second reading.
The full transcripts of the hearings of 7-10 December can be found on the Court's website at the following address: http://www.icj-cij.org
For further information, contact Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336) or Laurence Blairon (tel: 31-70-302 2337); e-mail address: information@icj-cij.org.
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