Oct 3, 1948

-a military rebellion broke out in Peru

Oct 4, 1948

-Americal People's Revolutionary Alliance was charged with having organized and directed the rebellion

Oct 25, 1948

-warrant of arrest was issued against Haya de la Torre

Nov 4

-Military Junta issued a decree that court matrials can do summary procedure for rebellion, sedition, rioting, fixing short
time limits and severe punishment wo appeal

-^was not applied to de la Torre and others

-they were not arrested bec they couldnt be found

Jan 3, 1949

-de la Torre sought asylum in the Colombian Embassy in Lima

-the ambassador informed the peruvian foreign affairs that de la torre has been given asylum in accordance to the
Convention on Asylum signed by Colombia and Peru in Havana

-asked Peru to give orders for the safe-conduct to be issued so that de la Torre can leave the country

-Govt of Colombia qualified him as a political refugee accdg to the Convention on Political Asylum signed in Montevideo

-Peru disputed this qualification and refused to grant a safe conduct

Aug 31, 1949:

-"Act of Lima" was signed by the Colombian and Peruvian Government

-agreed to refer to ICJ a dispute that arose following a request from the Colombian Embassay in Lima for delivery of a
safe-conduct for de la Torre and having exchanged their respective credentials, make the ff declaration in the spirt of
cordial friendship wc characterizes the relation between the 2 countries:

1. agreed to refer to ICJ

2. proceedings in ICJ may be instituted on the application of either parties wo being regarded as an unfriendly act
towards each other

3. procedure in the case is ordinary and in accordance with Art 31 Par 3 of the Statute of the Court, each of the parties
may exercise its right to choose a judge of its nationality and it would be conducted in French.

Oct 15, 1949:

-an application was filed in the Registry of the Court in the name of the Colombian Gov't, accdg to the Convention in
force (Bolivarian, Havana, Montevideo and American Intl Law)

1. she is entitled in the case of persons who have claimed asylum in her embassies, legations, warships, military camps
or military aircraft, to qualify the refugees, either as offenders for common crimes or deserters from the army or navy,
or as political offenders
-resulted from the proceedings in the case that Colombia claimed the right of unilateral and definitive qualification
binding upon Peru

-Bolivarian: does not entail the right of unilateral qualification.

-havana: did not recognize the right of unilateral qualification either explicitly or implicitly

-Montevideo: not ratified by Peru

-American Intl Law: Colombia was not able to prove its existence of a constant and uniform practive of unilateral
qualification as a right of the Sate of refuge and an obligation upon the territorial state

-Colomvia was not competent to qualify the nature of the offense by unilateral and definitive decision binding on Peru

2. Peru is bound to give the guarantees necessary for the departure of the refugee,, with due regard to the inviolability
of his person, from the country

-Peru had not demanded the departure of the refugee and was therefor not bound to deliver a safe-conduct

-in Peru's counterclaim, asked the court to declare that asylum had been granted to Haya de laTorre in violation of the
Havana Convention bc de la Torra was accused NOT OF A POLITICAL OFFENSE but of a COMMON CRIME (rejected by the
court bc they charged him MILITARY REBELLION, not a common crime) and bc urgency wc was required under the
Havana Convention in order to justify asylum was absent in t