asylum case.pptx

8/10/2019 Asylum Case.pptx

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FACTS

On October 3, 1948, a military rebellion broke out

in Peru.

The political party, American Peoples

Revolutionary Alliance was charged with having

organized and directed the rebellion.

The leader of American Peoples Revolutionary

Alliance, Victor Raul Haya de la Torre and othermembers of the party were charged as

responsible for the rebellion.


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On January 3, 1949, Haya de la Torre sought

asylum in the Colombian Embassy in Lima.

The Colombian Ambassador confirmed that Haya

de la Torre was granted asylum in accordance

with what is provided in Article 2, paragraph 2, of

the Havana Convention on Asylum signed in the

year 1928. He is now requesting that de la Torre

be able to leave Peru safely.


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Havana Convention on

AsylumArticle 2, paragraph 2 states that:

Immediately upon granting asylum, the

diplomatic agent, commander of a warship, or

military camp or aircraft, shall report the fact tothe Minister of Foreign Relations of the State of

the person who has secured asylum, or to the

local administrative authority, if the act occurred

outside the capital.


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The Colombian Ambassador sent another note to

the Peruvian Minister stating that they have

qualified de la Torre as a political refugee based

on Article 2 of the Convention on Political Asylumsigned by both countries in the city of

Montevideo in 1933.


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ISSUE

As a state granting asylum, is Colombia

competent to qualify the nature of the offence by

a unilateral and definitive decision binding on

Peru?


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The Colombian Government further relies on the

Havana Convention on Asylum of 1928. This

convention lays down certain rules relating to

diplomatic asylum, but does not contain anycompetence to qualify the offence with definitive

and binding force for the territorial State. Also,

they contend that such competence is implied in

that Convention and is inherent in the institution

of asylum.


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In invoking the Montevideo Convention of 1933,

it is also not applicable because Peru has not

ratified such.

The limited number of States which have ratifiedthis convention reveals the weakness of this

argument.

The Colombian Government also invokes theapplication of the American International Law.


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The court has arrived at the conclusion that

Colombia, as the State granting asylum, is not

competent to qualify the offence by a unilateral

and definitive decision, binding on Peru.


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ISSUE

Is Peru bound to give the guarantees necessary

for the departure of Haya de la Torre from the

country, with due regard to the inviolability of his

person?


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The territorial State is only bound to grant safe-conductonly if it has exercised his option to require the

departure of the refugee.

The Peruvian Government has not requested that Haya

de la Torre should leave Peru.

The court held that the Colombian Government is not

entitled to claim that the Peruvian Government should

give the guarantees necessary for the departure of de la

Torre from the country, with due regard to the

inviolability of his person.


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Issue

Whether or not the Colombian Government has

violated Article 1, paragraph 1 and Article 2,

paragraph 2 of the Convention on Asylum when

in granted asylum to de la Torre?


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Havana Convention

Article 1, paragraph 1 states that:

Itis not permissible for States to grant asylum

to persons condemned for common crimes


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Article 2, paragraph 2 states that:

Asylum may not be granted except in urgent

cases and for the period of time strictly

indispensable for the person who has soughtasylum to ensure in some other way his safety.


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Summary

The Court finds that:

Colombia has not established its competence as

a country granting asylum, to qualify the nature of

the offence by a unilateral and definitive decision,

binding on Peru.

Colombia has not also established the need for

the request of safe-conduct with regard to the

departure of the refugee.

Colombia has violated Article 1, paragraph 1 andArticle 2, paragraph 2 of the Havana Convention.

asylum case.pptx

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