MOOT COMPROMIS

This Moot proposition has been authored by Mr. Ravi Prakash, Advocate, Supreme
Court of India for the Commonwealth Mooting Competition, 2016.

1. The United Republic of ASIAN (hereinafter URA) is one of the highly industrialized
country with a population of approximately 60 million people. It is a global economic
power and world leader in the field of science & technology. It is the world leader in
missile and defence technology and it holds scintillating brilliance in the field of
production & manufacturing of arms and ammunitions of modern warfare techniques.
It is one of the founding members of United Nation (UN) and is the permanent
member of UN Security Council (UNSC).
2. The Republic of Andorra is a developing economy having a population of
approximately 10 million people. It is one of the small coastal economy having an
area of around 28,000 sq. Km. Besides having a long coastal area, the territorial
sovereignty of Republic of Andorra is also recognised on four neighbouring Island
(which are mostly inhabitable) in the Sea of Aresia.
3. Mr. KianGanzard has ruled the Republic of Andorra for over three decades since
seizing power from a democratically elected government in the year 1986 in a
military coup. Currently, Mr. KianGanzard is the constitutional head i.e. President of
Republic of Andorra. Although nominally a constitutional democracy since 1995, the
subsequent presidential elections - as well as the legislative elections - were widely
seen as flawed and electoral fraud. The President of Andorra exerts almost total
control over the political system which has crushed the values of liberal constitutional
democracy.
4. In last decade, the Republic of Andorra experienced rapid economic growth due to the
discovery of large offshore oil reserves, and in recent times it has become one of the
leading oil exporters.
5. The international Civil society and NGOs working in the field of Human Rights and
eliminating poverty and corruption from different quarter of the world, have alleged
against and questioned the (mis)rule of Mr. KianGanzard
13

in last 30 years by

suppressing dissent and maintaining tight control over the countrys wealth. It is one
of the common allegation in all the report of last decade that under his leadership, the
people of Republic of Andorra endures grinding poverty, illiteracy and continue to
lead an abysmal life-standards due to abject poverty and rampage corruption while
oil money flows into the private bank accounts of Ganzards family members and
their affiliates.
6. URA and Republic of Andorra are founding members of the United Nations and are
Parties to the Statute of the International Court of Justice.
7. URA and Republic of Andorra are Parties to the Vienna Convention on the Law of
Treaties.
8. Most of the population of Republic of Andorra is mired in desperate poverty, with
more than 60 percent living on less than $1 per day according to the United Nations
Development Assistance Framework. As per the recent Human Development Report
of the UNDP, the Republic of Andorra was the worst governed country of all
surveyed, as measured by the disconnect between available wealth and development.
9. The eldest son of President KianGanzardand

his possible successor, Mr. TTK

Ganzard was elevated to the post of second

Vice-President of the Republic of

Andorra in the year 2007. Besides, his post as Second Vice President of the Country,
he was holding the countrys portfolio of Defence and Strategic Administration.
10. The post of Second Vice-President is not recognised in the basic governing document
i.e. Constitution of Republic of Andorra. It only recognises the post of VicePresident who is the deputy head of the Government of Republic of Andorra in
absence of its President.
11. The ACCOUNTABILITY INTERNATIONAL is a non-government, non-party and
not-for-profit civil society organization working towards promoting transparent and
ethical governance and to eradicate corruption. It has its presence in more than 157
country of the world. In year 2009, a human rights group on behalf of Accountability
International, URA brought a criminal complaint against several world leaders
including Mr. TTK Ganzard for allegedly using public funds to buy luxury properties
and goods in URA through various modes of money- laundering and corruption.

14

12. Based on the complaint of the ACCOUNTABILITY INTERNATIONAL, the

investigation agency of URA swung into action and indicted Mr. TTK Ganzard of
Money laundering charges, and discovered various assets owned exclusively by him
including a palatial House at 18, Rose Avenue Manhattan, URA and other rare
luxurious goods. The estimated value of this palatial House at Rose Avenue is
approximately $190 million besides a $30 million luxury mansion in one of the Island
city of URA, a $49 million Gulfstream jet which all were privately owned by Mr.
TTK Ganzard.
13. The United Nations Children's Fund (UNICEF) is a United Nations (UN) program
headquartered in one of the City of URA, which provides humanitarian and
developmental assistance to children and mothers in developing countries. It was
created by the United Nations General Assembly on 11 December 1946, to provide
emergency food and healthcare to children in countries.
14. In the year 2010, the UNICEF - GANZARD Global Prize for Social Work was
approved when the Executive Board of the UNICEF accepted the offer of $3 million
from President of Republic of Andorra to endow an award in his name.
15. The timing and purpose of this award was questioned by the leading Human Rights
Activists and Institutions of the world who works in the field of Social Development
and Empowerment fighting illiteracy, gender inequality, malnourishment, poverty,
and corruption under the aegis of Rule of Law.
16. However, the award is being conferred continuously to the individuals who are
championing the cause of humanity and development across the globe irrespective of
borders.
17. The United Nations Educational, Scientific and Cultural Organization (UNESCO)
which is a specialized agency of the United Nations (UN) has also its headquarter in
URA. Its declared purpose is to contribute to peace and security by promoting
international collaboration through educational, scientific, and cultural reforms in
order to increase universal respect for justice, the rule of law, and human rights along
with fundamental freedom proclaimed in the United Nations Charter.
18. The Republic of URA and its prosecution agency prepared a case against Mr. TTK
Ganzard on charges including corruption, money-laundering and embezzlement of
15

public funds and sought his co-operation and face the investigation. Mr. TTK Ganzard
denied the charges and wrongdoing as well as also questioned the jurisdiction of
domestic Courts of URA.
19. In URA, the ongoing investigation and unearthing of various assets owned and
controlled by Mr. TTK Ganzard in URA itself as well as other parts of the world has
made headlines and arouse considerable public interest. It is popularly known as
Kleptocracy Ill Gotten Money Case in URA.
20. In January 2011, the President of Andorra appointed his son i.e. Mr. TTK Gazard as
Andorras Deputy Permanent Delegate to UNESCO.
21. URA and Republic of Andorra are Parties and signatory to the Nations Convention
against Transnational Organized Crime (UNCTOC). Both the countries have ratified
the UNCTOC.
22. URA and Republic of Andorra are Parties to the Vienna Convention on Diplomatic
Relations (VCDR) and all its optional protocol.
23. The United Nations Convention against Transnational Organized Crime, adopted by
General Assembly resolution 55/25 of 15 November 2000, is the main international
instrument in the fight against transnational organized crime. Countries must become
parties to the Convention itself before they can become parties to any of the Protocols.
Currently, a total of 147 countries are its signatory besides having 187 member
state(s) are Parties to UNCTOC.
24. The Republic of Andorra is neither a party nor a signatory to the Protocol against the
Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and
Ammunition, supplementing the United Nations Convention against Transnational
Organized Crime. However, the Republic of URA has ratified all the three protocols
supplementing UNCTOC.
25. In year March, 2011 itself, before the competent court of URA started the trial of
case relating to Kleptocracy Ill Gotten Money Case Mr. TTK Ganzard sold his
palatial House at Rose Avenue to the Govt. of Andorra for an allegedly whooping
sum of Rs.$310 million. The Republic of Andorra through its communiqu dated
18.03.2011 from the office of Ambassador conveyed to the URA that the said House
at Rose Avenue is owned and controlled by Govt. of Andorra. It is no longer a private
16

property and is being used for the purpose of diplomatic mission of Republic of
Andorra.
26. In April 2011, in the process of investigating the Kleptocracy Ill Gotten Money
Case against MR. TTK Ganzard- the police of URA has stormed into palatial House
at 18, Rose Avenue Manhattan, URA and seized the same along with other known
properties(owned and controlled) by Mr. TTK Ganzard.
27. The Republic of Andorra through its diplomatic note registered the strongest possible
protest against the said seizure of building by the police of URA and termed its
occupation as unauthorised and illegal in the eye of International Law violating the
principle of Sovereignty and provisions of VCDR.

The communiqu dated

11.04.2011reads as under:xxx
The criminal proceedings constituted in the URA against the Second Vice
President of Republic of Andorra is an unlawful interference with its internal
affairs of the Republic of ANDORRA because alleged wrongdoing would fall
within the exclusive jurisdiction of Republic of ANDORRA. It is further
important to mention here that Mr. TTK Ganzard is entitled to immunity from
the criminal jurisdiction of URA as Second Vice-President of republic of
ANDORRA and Deputy Permanent Delegate to UNESCO. The search,
seizure and occupation of the building at 18, Rose Avenue Manhattan, URA is
in breach of the Vienna Convention on Diplomatic Relations 1961.
While we commit to all kind of cooperation under the existing legal
framework (Domestic as well as International), but the inviolability of
sovereignty over Diplomatic premises is unknown to the current International
Legal Framework.
Please accept the assurance of my highest consideration.
Sd/XXXXXX
Ambassador
28. The URA has responded to Republic of Andorra through its communiqu dated
21.06.2011 as under:xxx
We observe that there exists ample legal basis which validates the search,
seizure and occupation of House at 18, Rose Avenue Manhattan, URA. The
building constitutes Mr. TTK Ganzards private property and does not belong
to the diplomatic mission as allegedly informed through your communiqu
dated 18.03.2011. the action of URA in the month of April 2011 is justified as
Mr. TTK Ganzard is accused of various offences under the Domestic law of
17

URA and also faces serious criminal charges under the domestic as well as
international law. It is further important to mention that the URA has not only
highest respect for its duty and obligation for United Nations Convention
against Transnational Organized Crime and existing international legal
framework to which even Republic of Andorra is party and signatory. We
share a long standing bilateral and multilateral relationship which further
strengthened by the economic cooperation and investment. The menace of
corruption has severe impact on the basic human dignity and other human
rights while the money-laundering is one of the instance of international crime
of our generation. We consistently face the threat of terrorism finance which
not only poses a threat to the life and liberty of citizens of URA rather than to
the entire globe. The claim of diplomatic immunity as requested by Republic
of Andorra in present case is a dwarfing principle in the changed
circumstances and realities of the International Framework.
The URA is committed to bring justice to the victim and uphold rule of Law
while respecting the binding international legal framework and expect
cooperation from Republic of Andorra at the highest level.
Please accept the assurance of my highest consideration.
Sd/XXXXXX
Ambassador
29. After exhausting the options through diplomatic channels and under Article 35 of the
UNCTOC which reads as under:Article 35. Settlement of disputes
l. States Parties shall endeavour to settle disputes concerning the interpretation
or application of this Convention through negotiation.
2. Any dispute between two or more States Parties concerning the
interpretation or application of this Convention that cannot be settled through
negotiation within a reasonable time shall, at the request of one of those States
Parties, be submitted to arbitration. If, six months after the date of the request
for arbitration, those States Parties are unable to agree on the organization of
the arbitration, any one of those States Parties may refer the dispute to the
International Court of Justice by request in accordance with the Statute of the
Court.
3. Each State Party may, at the time of signature, ratification, acceptance or
approval of or accession to this Convention, declare that it does not consider
itself bound by paragraph 2 of this article. The other States Parties shall not be
bound by paragraph 2 of this article with respect to any State Party that has
made such a reservation.
18

4. Any State Party that has made a reservation in accordance with paragraph 3
of this article may at any time withdraw that reservation by notification to the
Secretary-General of the United Nations.
30. The Republic of Andorra in year 2014, under its basic law i.e. Constitution of
Andorra has appointed Mr. TTK Ganzard as Vice- President of it having portfolio of
Defence and Strategic Administration.
31. In December- 2014, another international NGO i.e. Association for Trade against
Arms (ATAA) working towards the abolition of the international arms trade, had
come up with a report and evidence which further exposes the (mis)rule of Mr.
KianGanzard and his family members as well as certain affiliates. The report as
titled ILLEGAL ARMS & AMMUNITIONS ISLAND states that one of the island
of Republic of Andorra is the manufacturing hub of Illicit Firearms, their Parts and
Components and Ammunition and its trafficking to the different corner of world. The
manufacturing unit and company operating on this Island is owned and controlled by
Mr. TTK Ganzard. The report highlights the repressive regime and recourse adopted
by manufacturing company while manufacturing these arms and ammunitions by
involving the children and women. The Report further fears that most of the children
and women working on Island may be trafficked at the behest of Mr. TTK Ganzard
through various means including the abuse of diplomatic privileges.
32. After these diplomatic exchanges, and series of incidents involving the Government
of two States (i.e. Republic of Andorra and URA) tried to negotiate, but failed to
resolve the dispute bilaterally as indicated above including the principles of the
sovereign equality of States and non-interference in the internal affairs of another
State and
Nations

the prosecution of Mr. TTK Ganzard in URA is in violation of United

Convention against

Transnational Organized Crime and general

international law . However, the parties agreed to submit these matters to the
International Court of Justice under a Special Agreement pursuant to Article 36,
Paragraph 1 of the ICJ Statute.
33. The ICJ has scheduled the specific legal issues arising from the above Moot

Compomisfor hearing before its Full Court on 12- 13 November. 2016 at Peace Palace
in The Hague (Netherlands).
19