Professional Documents
Culture Documents
VS PERU)
INTL 5530: Issues in International
Law
Webster University Thailand
September 2015
BACKGROUND
Arrest warrant
Military rebellion
The Peruvian Government did not hold itself responsible for the safe-conduct of
Torre
On April 6th, 1949, the Peruvian Government decided to take this matter to the
International Court of Justice
SUBJECTED CONVENTIONS
1. The Bolivian Agreement on Extradition of July 18th 1911:
COURT PROCEEDINGS
The court highlights the fact that Colombia was not qualified to
accuse an offence on Peru based on unilateral and definitive
decision
As Peru did not ask Torre to leave its national territory, it does not
have the obligation to provide safe passage for him
Though the asylum seeker was accused of a common crime, which is political in this
case, under Article 1 of the Havana Convention
Article 2, Asylum may not be granted except in urgent cases and for the period of time
strictly indispensable for the person who has sought asylum to ensure in some other way
his safety.
Torre sought asylum three months after his rebellion, which cancels out the state of
emergency to flee
The State did not have the opportunity to bring Torre to a court of justice as Colombia
granted him asylum
The court addresses this issue by stating that diplomatic asylum should not justify the
operation of legal proceedings
When seeking asylum, the political prisoners must be under the threat of a violence and
disorderly action of irresponsible sections of the population
Not the situation with Torre when he went to Colombian Embassy in Lima
The reasons for asylum did not conform to Article 2(2) of the Havana Convention
FINAL VERDICT
claimed
Asylum that was granted by Colombian government was
The basic purpose for these conventions is to make sure the rights
of a refugee are not abused and to maintain a non-refoulement
CONCLUSION
Asylum seekers:
Subjected to torture or witness the death of a loved one due to torture and
murder
Not all countries ratify to the Asylum and Refugee related conventions: do not
consider them properly before rejecting their request for a refugee status
Avoid further human rights violations and to maintain justice and security for the
BIBLIOGRAPHY
International Court of Justice. (1950). Asylum Case (Colombia v. Peru). Available at:
http://www.refworld.org/docid/3ae6b6f8c.htm
International Court of Justice. (1949). Agreement of Lima between Colombia and Peru (31 August
1949) and correspondence(French version only) Available at: http://www.icjcij.org/docket/files/7/10848.pdf
International Justice Resource Center. Asylum and Rights of Refugees. Available at:
http://www.ijrcenter.org/refugee-law/
Liberty (Protecting Civil Liberties and Promoting Human Rights). The Right to Seek Asylum.
Available at:
https://www.liberty-human-rights.org.uk/human-rights/asylum-and-borders/right-seek-asylum
Ruwanthika Gunaratne and Public International Law. (2008). Asylum Case (Summary). Available
at: https://ruwanthikagunaratne.wordpress.com/2014/03/02/asylum-case-summary/
Thomas Jefferson School of Law. Asylum Case: Colombia v. Peru. Available at:
http://www.tjsl.edu/slomansonb/ 2.7_ColvPeru.pdf