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INTERNATIONAL COURT OF JUSTICE

Haya de la Torre (Colombia v. Peru)

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Colombia
Peru

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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:

Declaration of intervention by the Government of Cuba

13 March 1951

Procedure(s): Intervention

Available in:

Counter-Memorial submitted on behalf of the Government of the Republic of Peru
(French version only)

15 March 1951

Available in:

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:

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:

Oral proceedings

Verbatim record 1951

Minutes of the Public Sittings held at the Peace Palace, The Hague, from May 15th to 17th, and on June 13th, 1951, the President, M. Basdevant, presiding

Available in:

Original Language

Verbatim record 1951

Minutes of the Public Sittings held at the Peace Palace, The Hague, from May 15th May 1951, the President, M. Basdevant, presiding

Procedure(s): Intervention

Available in:

Original Language

Orders

Order of 3 January 1951

Fixing of time-limits: Memorial and Counter-Memorial

Available in:

English French Bilingual

Judgments

Judgment of 13 June 1951

(including the text of the declaration of judge ad hoc Alayza y Paz Soldán)

Procedure(s): Intervention

Available in:

English French Bilingual

Summaries of Judgments and Orders

Summary 1951/2

Summary of the Judgment of 13 June 1951

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Press releases

Press release 1950/48

13 December 1950

Haya de la Torre (Colombia/Peru) - Filing by Colombia of an Application instituting proceedings against Peru

Available in:

Press release 1951/1

4 January 1951

Haya de la Torre (Colombia/Peru) - Order fixing the time-limits for the filing of the written pleadings

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Press release 1951/3

9 February 1951

Haya de la Torre (Colombia/Peru) - Appointment of Judges ad hoc, Agents and Counsels by each of the Parties

Available in:

Press release 1951/4

15 March 1951

Haya de la Torre (Colombia/Peru) - Communication of Cuba on the Convention on Asylum

Available in:

Press release 1951/11

14 April 1951

Haya de la Torre (Colombia/Peru) - Opening of the public hearings on 8 May 1951

Available in:

Press release 1951/15

8 May 1951

Haya de la Torre (Colombia/Peru) - The Court will hold a series of public hearings beginning on 15 May 1951

Available in:

Press release 1951/16

15 May 1951

Haya de la Torre (Colombia/Peru) - Public hearings of 15 May 1951

Available in:

Press release 1951/17

16 May 1951

Haya de la Torre (Colombia/Peru) - Public hearing of 16 May 1951

Available in:

Press release 1951/18

17 May 1951

Haya de la Torre (Colombia/Peru) - Public hearing of 17 May 1951

Available in:

Press release 1951/23

11 June 1951

Haya de la Torre (Colombia/Peru) - The Court will deliver its Judgment on 13 June 1951

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Press release 1951/24

13 June 1951

Haya de la Torre (Colombia/Peru) - Judgment of the Court of 13 June 1951

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Correspondence

Correspondence

13 December 1950

Correspondence

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