Facts
Victor Raul Haya de la Torre was a Peruvian national. In Oct 3rd, 1948 one military rebellion broke out in Peru which is organized and directed by the American People’s Revolutionary Alliance led by Haya de la Torre. The rebellion was unsuccessful. The Peruvian Government issued a warrant for his arrest on criminal charges related to this political uprising. He fled to the Columbian embassy in Lima seeking for asylum from them. Columbia the requested permission from Peru for Haya de la Torre’s safe passage from the Columbian embassy, through Peru, goes to Columbia. Peru refused to give such permission. Columbia then brought this suit against Peru in the International Court of Justice, based on the agreement made by both named Act of Lima.
These are the submissions made by the two parties:
1) The Columbian had pleaded for the court to declare that Columbia had properly granted asylum based on 2 submissions:-
a. They are competent to qualify the offence for the purpose of the said asylum.
b. That Peru is bound to give the guarantees necessary for the departure of the Haya de la Torre, from the country, with due regard to the inviolability of his person.
2) Counter-claim by Peru is that for the court to declare that the grant of asylum made by the Columbian Ambassador to Haya de la Torre was made in violation of the Convention on Asylum.