You are on page 1of 2

Diplomaticky azyl

Vodca perunske pol. Strany Americka ludova revolucna aliancia haya de la tore ,
bol obvineni z trestneho cinu. Po 3 mesiacoch hrania schovky poziadal o azyl na
Kolumbijskej ambasade v Lime.
Peru bolo poziadane o poskytnutie zaruky volneho obchodu azylovaneho (laissezpasser podla OSN).
Prilis vela nesrovnalosti a odchylok v pouzivani institutu diplomatickeho azylu

Argumentacia Kolumbie
Mnohostranne umluvy ratifikovane staty latinske ameriky (vela ich vsak
schvalenymi neboli) a partikularnim pravom obecne
Pripady z historie, kedy bol diplomaticky azyl skutocne udelen a respektovan
he Havana Convention on Commercial Aviation applied exclusively to private aircraft and
laid down basic principles and rules for aerial traffic, recognizing that every State has
complete and exclusive sovereignty over the airspace above its territory
Subsequently, the Ambassador also stated Colombia had qualified Torre as a political
refugee in accordance with Article 2 Montevideo Convention on Political Asylum of 1933
(note the term refugee is not the same as the Refugee Convention of 1951)
) Did Colombia violate Article 1 and 2 (2) of the Convention on Asylum of 1928
(hereinafter called the Havana Convention) when it granted asylum and is the continued
maintenance of asylum a violation of the treaty?
In place of Article 1 of the Convention of Havana on Right of Asylum, of February 20, 1928, the
following is substituted: "It shall not be lawful for the States to grant asylum in legations,
warships, military camps, or airships to those accused of common offenses who may have been
duly prosecuted or who may have been sentenced by ordinary courts of justice, nor to deserters
of land or sea forces.
"The persons referred to in the preceding paragraph who find refuge in some of the abovementioned places shall be surrendered as soon as requested by the local government".
Article 2.
The judgment of political delinquency concerns the State which offers asylum.

The court held that Columbia did not establish the existence of a regional custom
because it failed to prove consistent and uniform usage of the alleged custom by relevant
States.
The Montevideo Convention of 1933, which accepts the right of unilateral qualification,
and on which Colombia relied to justify its unilateral qualification, was not ratified by Peru
Asylum may be granted on humanitarian grounds to protect political prisoners against
the violent and disorderly action of irresponsible sections of the population. (for example
during a mob attack where the territorial State is unable to protect the offender). Torre
was not in such a situation at the time when he sought refuge in the Colombian Embassy
at Lima.