by ARTHUR MAX

THE HAGUE, Netherlands, Jun 05, 2008 - A U.N. court on Wednesday upheld France's refusal to give Djibouti the records of an investigation into the 1995 death of a French judge, whose burned body was found in a ravine outside the capital of the former French territory.

The International Court of Justice rejected Djibouti's claim that France violated two bilateral cooperation accords and agreed with France that it had the right to withhold the file if it contained classified information.

The court also rejected Djibouti's contention that France illegally summoned Djibouti President Ismael Omar Guelleh to testify in the case of Judge Bernard Borrel and said the request had not violated presidential immunity or dignity.

Borrel's body was discovered in October 1995 about 50 miles from Djibouti's capital. Reports variously say he had been investigating money laundering or arms smuggling.

Djibouti's initial probe into the death concluded the judge committed suicide. French authorities, under pressure from Borrel's widow, opened their own investigation and decided that murder could not be ruled out.

Elisabeth Borrel has charged that her husband was killed on the order of Guelleh, who was head of Djibouti's security forces at the time. He became president three years later.

In refusing to hand over the investigative file, France said it contained secrets that could compromise state security and "would entail indirectly delivering French intelligence service documents to a foreign political authority."

Even an edited version was impossible, because classified material "permeated the entire file," the court was told.

The judges voted 15-1 to support France's position in the case, which has been a source of friction between France and the East African country, which Paris ruled until 1977.

The court did chastise France for failing to properly notify Djibouti of its reasons for refusing to hand over the investigation file. It ruled that was a treaty violation, but ordered no sanction.

Phon van den Biesen, a Dutch lawyer representing Djibouti, said he was "disappointed" the court failed to take any action against France.

Source: AP