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[p.225]
The Acting President of the International Court of Justice,
Having regard to Articles 35, 36, 40 and 48 of the Statute of the Court,
Having regard to Articles 32, 35, 38 and 41 of the Rules of Court,
Makes the following Order:
Whereas on October 15th, 1949, the Governments of the Republic of Colombia
and of the Republic of Peru filed with the Registry of the Court the text of
an Agreement of August 31st, 1949, whereby they agreed to refer to the Court
the dispute which has arisen between them on account of the request of the
Colombian Government that the Peruvian Government issue a safe-conduct to a
Peruvian citizen who had been granted asylum in the Colombian Embassy at
Lima;
Whereas by said Agreement the proceedings before the Court may be instituted
on the application of either of the Parties, without this being regarded as
an unfriendly act toward the other;
Whereas the Parties have respectively designated as Agents, for Colombia,
Professor J. M. Yepes, and for Peru, Mr. Carlos Sayan Alvarez, who have
elected domicile at The Hague;
Whereas on October 15th, 1949, the Government of the Republic of Colombia
filed with the Registry of the Court an Application asking the Court to
decide whether: [p 226]
(a) within the limits of the obligations resulting in particular from the
Bolivarian Agreement on Extradition of July 18th, 1911, and the Convention
on the Right of Asylum of February 20th, 1928, both in force between
Colombia and Peru, and, in general, from American international law,
Colombia was competent as the country granting asylum to qualify the offence
for the purposes of such asylum;
(b) in the specific case under examination, Peru, as the territorial State,
was bound to give the guaranties necessary for the departure of the refugee,
with due regard to the inviolability of his person, from the country;
Whereas the Application, which bears the signature of Mr. Yepes, Agent of
the Colombian Government, duly certified by the Colombian Charge d'Affaires
at The Hague, refers:
(a) to Article 7 of the Protocol of Friendship and Co operation between the
Republic of Colombia and the Republic of Peru, signed at Rio de Janeiro on
May 24th, 1934, and which came into force in both States on September 27th,
1935 ;
(b) to Article 36, paragraph 1, of the Statute of the Court;
(c) to Article 40 of said Statute and Article 32 of the Rules of Court,
thus specifying the provision on which the Applicant founds the jurisdiction
of the Court;
Whereas the Application also states the nature of the claim and gives a
succinct statement of the facts and grounds on which the claim is based;
Whereas, therefore, the Application fulfils the formal conditions laid down
by the Rules of Court;
Whereas on October 17th, 1949, the Government of the Republic of Peru was
duly informed of the filing of the Application, of which a certified true
copy was despatched to it on the same date, and whereas on October 19th the
Government of the Republic of Peru has acknowledged receipt of the
Application;
The Acting President of the Court, as the Court is not sitting, after
ascertaining the views of the Parties with regard to questions of procedure,
fixes as follows the time-limits for the presentation by the Parties of the
written proceedings:
for the Memorial of the Government of the Republic of Colombia, Friday, the
30th of December, 1949;
for the Counter-Memorial of the Republic of Peru, Friday, the 10th of March,
1950; [p 227]
for the Reply of the Government of the Republic of Colombia, Thursday, the
20th of April, 1950;
for the Rejoinder of the Government of the Republic of Peru, Tuesday, the
30th of May, 1950.
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this twentieth day of October, one thousand nine
hundred and forty-nine, in three copies, one of which will be placed in the
archives of the Court and the others transmitted to the Governments of the
Republic of Colombia and of the Republic of Peru respectively.
(Signed) J. G. Guerrero,
Acting President.
(Signed) E. Hambro,
Registrar. |
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