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Twiga has been a member of the UN since 1961.
In 1961 Twiga gained independence. -
Pundamilia and Twiga are parties to the Vienna Convention on Diplomatic Relations
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Upon signing the Convention, in December 1961, Pundamilia
appended a reservation in relation to Article 31: “The Government of the Republic of Pundamilia considers that Articles 31 and 37 are to be
interpreted as granting a diplomatic agent and the members of his family immunity from the criminal
jurisdiction of the receiving State except in relation to professional or commercial activities.” -
Twiga ratified the
Convention on 2 February 1962, without reservations. -
Pundamilia and Twiga are parties to the 1969 Vienna Convention on the Law of Treaties.
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A military assistance agreement - “Military Assistance Agreement
between the Republic of Twiga and the Republic of Pundamilia” -
The Minister of Defence of Pundamilia had concluded a contract with Twiga Helicopters
Inc., a Twigan firm, for the delivery of 12 military helicopters to Pundamilia. -
two helicopters were delivered to Pundamilia, as per the contract.
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In 2014 the Government of Twiga appointed Mr Fisi, a high-ranking diplomat, as Ambassador to Pundamilia.
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Mrs Fisi bought, using her own money, the premises
located at 22 Baobab Street, adjacent to the embassy’s building. -
“Twigan
Cultural Centre” -
She
decided to put some of the most beautiful paintings and sculptures in the Cultural Centre on sale, and use the
money to buy the sculpture. When she sold the items, she decided to transfer 30% of the proceeds from the sale
to the embassy’s bank account, since she was using some of the embassy’s services, including for security -
Items were for sale. Mrs Fisi kept transferring 30% of the proceeds to the embassy’s bank account. She never paid taxes on the property hosting the Twigan Cultural Centre, which she
owned, or on the income resulting from the sales. She kept hosting free workshops on the traditional Twigan painting technique in the room that was devoted to that purpose. -
Three Pundamilian citizens filed separate complaints with the Pundamilia Public Prosecutor against Mrs Fisi
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Twiga bought from Mrs Fisi the premises where the Cultural Centre was located at 22 Baobab Street, with the stated intention of expanding the premises of the diplomatic mission. Twiga’s embassy in Pundamilia did not communicate to the authorities of the receiving State that it was using the premises located at 22 Baobab Street for the purposes of the diplomatic mission, nor did it send a formal request for protection of the new premises to Pundamilia’s authorities.
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Mrs Fisi was indicted on criminal charges.
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Twiga’s Minister of Defence and the Minister of Foreign Affairs announced that the delivery of military helicopters was suspended in reaction to Pundamilia’s conduct.
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Pundamilian police searched the premises of the Twigan Cultural Centre as part of the
investigation into Mrs Fisi’s conduct. There they found and seized a Van Tembo painting which Pundamilian
investigating authorities claimed to be a fake. -
Twiga’s embassy in Pundamilia sent a Note Verbale to the Ministry of Foreign Affairs of
Pundamilia to protest against Pundamilia’s breaches of the inviolability of the premises of the Twigan embassy in
Pudamilia. -
The Savannah investigating judge issued a summons for Mrs Fisi to appear for a preliminary examination. The judge also
ordered the attachment of the premises of the Twigan Cultural Centre under the Pundamilian Code of Criminal
Procedure. -
Mrs Fisi did not appear before the investigating judge, claiming she had immunity from the jurisdiction of the receiving State.
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Pundamilia’s Ministry of Foreign Affairs replied to the Note Verbale of 14 January 2016 informing the Twigan diplomatic mission that the Ministry was unable to grant the diplomatic mission’s request
because the building located at 22 Baobab Street was not part of the premises of the diplomatic mission of the
Republic of Twiga. -
Twiga’s embassy in Pundamilia sent another Note Verbale to Pundamilia’s Ministry of Foreign Affairs, suggesting a negotiated solution to the dispute concerning Pundamilia’s failure to
recognize the jurisdictional immunity of Mrs Fisi, and the inviolability and immunity of the premises. -
Pundamilia did not reply to another Note Verbale
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Twiga filed an application against Pundamilia before the International Court of Justice
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Pundamilia requests the Court to adjudge and declare that by suspending the delivery of 10 military helicopters, Twiga breached its obligations under Article I of the Military Assistance Agreement, and that no circumstance justifies that breach.
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To this date, Pundamilia has neither discontinued the judicial proceedings against Mrs Fisi nor repealed
the attachment order related to the premises of the Twigan Cultural Centre. -