Haya de la Torre (Colombia v. Peru)
Overview of the case
This case, a sequel to the earlier proceedings, was instituted by Colombia by means of a fresh Application. Immediately after the Judgment of 20 November 1950, Peru had called upon Colombia to surrender Mr. Haya de la Torre. Colombia refused to do so, maintaining that neither the applicable legal provisions nor the Court’s Judgment placed it under an obligation to surrender the refugee to the Peruvian authorities. The Court confirmed this view in its Judgment of 13 June 1951. It declared that the question was a new one, and that although the Havana Convention expressly prescribed the surrender of common criminals to the local authorities, no obligation of the kind existed in regard to political offenders. While confirming that diplomatic asylum had been irregularly granted and that on this ground Peru was entitled to demand its termination, the Court declared that Colombia was not bound to surrender the refugee ; these two conclusions, it stated, were not contradictory because there were other ways in which the asylum could be terminated besides the surrender of the refugee.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Application instituting proceedings
13 December 1950
Available in:
English
French
Bilingual
Written proceedings
Memorial submitted on behalf of the Government of the Republic of Colombia
(French version only)
7 February 1951
Available in:
French
(French version only)
Declaration of intervention by the Government of Cuba
13 March 1951
Procedure(s):
Intervention
Available in:
English
Procedure(s): Intervention
Counter-Memorial submitted on behalf of the Government of the Republic of Peru
(French version only)
15 March 1951
Available in:
French
(French version only)
Letter from the Agent of the Government of Colombia to the Registrar of the Court
(French version only)
28 March 1951
Procedure(s):
Intervention
Available in:
French
(French version only)
Procedure(s): Intervention
Letter from the Agent of the Government of Peru to the Registrar of the Court
(French version only)
2 April 1951
Procedure(s):
Intervention
Available in:
French
(French version only)