Asylum (Colombia/Peru)


OVERVIEW OF THE CASE

The granting of diplomatic asylum in the Colombian Embassy at Lima, on 3 January 1949, to a Peruvian national, Victor Raúl Haya de la Torre, a political leader accused of having instigated a military rebellion, was the subject of a dispute between Peru and Colombia which the Parties agreed to submit to the Court. The Pan-American Havana Convention on Asylum (1928) laid down that, subject to certain conditions, asylum could be granted in a foreign embassy to a political refugee who was a national of the territorial State. The question in dispute was whether Colombia, as the State granting the asylum, was entitled unilaterally to “qualify” the offence committed by the refugee in a manner binding on the territorial State — that is, to decide whether it was a political offence or a common crime. Furthermore, the Court was asked to decide whether the territorial State was bound to afford the necessary guarantees to enable the refugee to leave the country in safety. In its Judgment of 20 November 1950, the Court answered both these questions in the negative, but at the same time it specified that Peru had not proved that Mr. Haya de la Torre was a common criminal. Lastly, it found in favour of a counter-claim submitted by Peru that Mr. Haya de la Torre had been granted asylum in violation of the Havana Convention.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings


Written proceedings

10 January 1950
Procedure(s):Counter-claims
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21 March 1950
Procedure(s):Counter-claims
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20 April 1950
Procedure(s):Counter-claims
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15 June 1950
Procedure(s):Counter-claims
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Oral proceedings

Verbatim record 1950 (bilingual version)
Minutes of the Public Sittings held at the Peace Palace, The Hague, from September 26th to November 27th 1950, the President, M. Basdevant, presiding
Procedure(s):Counter-claims
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Other documents


Orders

Fixing of time-limits: Memorial and Counter-Memorial, Reply and Rejoinder
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Extension of time-limits: Memorial and Counter-Memorial
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Extension of time-limit: Rejoinder
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Judgments


Summaries of Judgments and Orders

Summary of the Judgment of 20 November 1950
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Press releases

17 October 1949
Asylum (Colombia/Peru) - Filing by Colombia of an Application instituting proceedings against Peru
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20 October 1949
Asylum (Colombia/Peru) - Order fixing the time-limits for the filing of the written pleadings
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17 December 1949
Asylum (Colombia/Peru) - Order extending the time-limit for the filing by Colombia of its Memorial
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11 January 1950
Asylum (Colombia/Peru) - Appointment of Judges ad hoc by Colombia and Peru
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22 September 1950
Asylum (Colombia/Peru) - The Court will hold a series of public hearings beginning 26 September 1950
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25 September 1950
Asylum (Colombia/Peru) - Appointment of Judges ad hoc and representation of the Parties at the hearings
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26 September 1950
Asylum (Colombia/Peru) - Public hearings of 26 September 1950
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29 September 1950
Asylum (Colombia/Peru) - Public hearings of 26 to 29 September 1950
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3 October 1950
Asylum (Colombia/Peru) - Public hearings of 2 and 3 October 1950
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6 October 1950
Asylum (Colombia/Peru) - Public hearings of 6 October 1950
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9 October 1950
Asylum (Colombia/Peru) - Public hearing of 9 October 1950
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16 November 1950
Asylum (Colombia/Peru) - The Court will deliver its Judgment on 20 November 1950
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20 November 1950
Asylum (Colombia/Peru) - Judgment of the Court of 20 November 1950
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Correspondence

8 October 1949
Correspondence
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