The Asylum Case

Prof: Mr. K D Raju By Biswarup Ghosh

The judicial body of this case is within the International Court of Justice (ICJ).
the argument by one of the parties in this

case results from Colombias determination on the basis of the treaty provisions of both countries (Peru and Colombia) and the American International Law in general.

Asylum Case
The facts of the case resulted from

Colombia granting political asylum in its embassy in Peru, to a Senor Haya de la Torre, a Peruvian politician who had participated in an unsuccessful rebellion in Peru in 1948 (August, 2004). Peru in turn refuses in granting political asylum, which resulted in Colombia suing Peru in the International Court of Justice.

Relevant Question:
Within the limits of the obligations resulting in particular from the Bolivarian Agreement on Extradition of July 18th, 1911, and the Convention on Asylum of February 20th, 1928, both in force between Colombia and Peru, and in general from American international law, was Colombia competent, as the country granting asylum, to qualify the offence for the purposes of said asylum?

Asylum Case (Peruvian Argument)

I. That the Republic of Colombia, as the country granting asylum, is competent to qualify the offence for the purpose of the said asylum, within the limits of the obligations resulting in particular from the Bolivarian Agreement on Extradition of July 18th, 1911 and the Convention on Asylum of February 20th, 1928, and of American international law in general; II. That the Republic of Peru, as the territorial State, is bound in the case now before the Court to give the guarantees necessary, for the departure of M. Vctor Ral Haya de la Torre from the country, with due regard to the inviolability of his person."

Asylum Case
The legal issues surrounding this case

among other things is that Colombia granting asylum, is competent to qualify the offense (as political or not) for the purpose of said asylum and also based on the treaty provision and the American International law in general (August, 2004)

Asylum Case
The decision or the judgment of the

court was that Peru was not obligated to allow Senor Haya de la Torre to leave the country; even though, political asylum was granted in Colombia.

Asylum Case (Rational)

This uncertainty coupled by political

influence resulted in the ICJ unable to determine that the custom usage was uniform and accepted by law in regards to this case and that the custom was adopted in the past by the states involved, particularly the Latin American States.

Asylum Case (Rational)

Asylum was in fact granted, but there were

no evidence that the alleged rule was invoked or exercise by the states granting asylum; as a right pertaining and applicable by the territorial states as a duty incumbent by them to follow as a rule of law (August, 2004)

Thank You