Evening star., 1950-11-20
Colombia sProtection
OF Apra Leader Ruled
Illegal by World Court
BY the Associoted Press

THE HAGUE, The Netherlands,
Nov. 20.-The World Court today
ruled that Colombia had given
illegal protection for % months
to Peruvian revolutionary in it's
embassy at Lima, but failed to
say whether he must be surren-
dered to Peru for trial.
The court thus left up in the
air the fate of Victor Raul Haya
de la Tore, leader of the out
lawed Leftist Apra Party, who is
wanted by the Peruvian govern
ment on treason charges con-
nected with the Inflated Navy up
rising at Callao, October 8, 1948.
1T is up to the court to say
that Haya de la Tore must be
surrendered" Eduardo zuleta
Anges, Colombian Ambassador to
the United States, told newsmen
here. IF it does not say so, we
are willing to continue protecting
him until he dies or until there
Us a change in the Peruvian gov
ernment."
Clarification Sought.
The Colombian delegation an
nounced it was starting proceed
ings Immediately asking the court
for a clarifying Interpretation. A
court spokesman indicated the re-
quest would be granted.
Haya de la Tore sought asylum
as a political refugee in the Co.
lombian Embassy January 8, 1949.
Since then he has been isolated
from the outside world, spending
his time playing canasta and gin
rummy and reading and writing
while Colombia and Peru argued
over his fate. The case finally
was brought to the World Court
year ago, with Peru arguing that
he was common criminal, not a
political refugee.
The tribunal ruled, 10 to 6, that
the asylum given him was not
covered by the Havana Conven-
tion of 1928 for granting haven
to political refugees.
The opinion said the fact he
was wanted for trial when he
sought refuge did not constitute
an urgent danger within the
meaning of the Havana Conven-
tion for the granting of asylum.
Colombia Contention Rejected.
By vote of IA to the tribunal
also rejected Colombia's conten-
tion that she had the exclusive
right to decide who is a political
offender and who is a common
criminal.
The court said asylum cannot
be opposed to the operation of
Justice" could lead to foreign in
reference of particularly often
sive nature in the domestic affairs
of state" and in this case had
been prolonged for a reason
which is not recognized by the
Havana convention.
But at the same time, by vote
of is to 1, the court rejected Peru's
contention that Haya de la Tore
was accused of a common, rather
than a political, crime.
1t was this seemingly contra
dictory point that left his fate UP
in the air. Since the question of
surrendering him had not been
raised in the year-long procedure
before the court the judges did
not rule on it.
Stresses Human Rights.
Mr.. Zuleta, of the Columbian
delegation, said:
IF we were to hand over Haya
de la Tore, basing ourselves on
the decision of today, the whole |
of Latin America would hold us
responsible for his death"
I'VE have no Colombian in
terests to defend in this case but
human rights.
The granting of asylumn to
political refugees is traditional in
South America. Under the Ha-
vana convention asylumn can be
granted "in urgent cases."
Colombia argued that Sub
ordination of the Peruvian juri-
dicial authorities to the instruc-
tions of the executive consti-
tuted urgency, but the court said
the control of the courts by the
Peruvian government had not
been proved.
Colombia's delegation an
nounced that it was starting pro-
ceedings before the court immedi-
ately for a clarifying interpreta-