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[p4]
The President of the International Court of Justice,
having regard to Article 48 of the Statute of the Court,
having regard to Article 37 of the Rules of Court,
Whereas, on December 13th, 1950, the Government of the Republic of Colombia
instituted proceedings before the Court against the Government of the
Republic of Peru;
Whereas the Application, which refers to the Judgments of the Court of
November 20th and November 27th, 1950, in thé Asylum Case, declares that the
Governments of the Republic of Colombia and of the Republic of Peru were
unable to come to an agreement on the manner in which effect should be given
to the said Judgments concerning the surrender of the refugee Victor Raúl
Haya de la Torre;
Whereas, in this Application, the Government of Colombia requests the Court:
(a) As a principal claim,
To adjudge and declare, whether the Government of the Republic of Peru
enters an appearance or not, after such time-limits as the Court may fix in
the absence of an agreement between the Parties:
In pursuance of the provisions of Article 7 of the Protocol of Friendship
and Co-operation between the Republic of Colombia and the Republic of Peru,
signed on May 24th, [p5] 1934, to determine the manner in which effect
shall be given to the Judgment of November 20th, 1950;
and, furthermore, to state in this connection, particularly : Whether
Colombia is, or is not, bound to deliver to the Government of Peru Mr.
Victor Raúl Haya de la Torre, a refugee in the Colombian Embassy at Lima.
(b) As an alternative claim,
In the event of the above-mentioned claim being dismissed, to adjudge and
declare, in the exercise of its ordinary competence, whether the Government
of Peru enters an appearance or not, and after such time-limits as the Court
may fix in the absence of an agreement between the Parties, whether, in
accordance with the law in force between the Parties, and particularly
American international law, the Government of Colombia is, or is not, bound
to deliver Mr. Victor Raúl Haya de la Torre to the Government of Peru;
Whereas the Application, which is signed by Mr. José Gabriel de la Vega,
Envoy Extraordinary and Minister Plenipotentiary of the Government of
Colombia to the Netherlands, acting as Agent, refers:
(a) to 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,
(b) to Articles 36 and 37 of the Statute of the Court,
thus specifying the provisions 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
in the Rules of Court ;
Whereas, on December 13th, 1950, the Government of Peru was notified by
telegram of the filing of the Application, and a certified true copy was
despatched to it on December 14th: and whereas, by telegram of December
26th, this Government, acknowledging receipt of said communication,
designated as its representative, for the purposes of the meeting prescribed
by Article 37, paragraph 1, of the Rules, Mr. Enrique Goytisolo B., Envoy
Extraordinär y and Minister Plenipotentiary of the Government of Peru to the
Netherlands, and reserved the designation of its Agent for further
decision; [p6]
Whereas the Colombian Agent and the Peruvian representative, having been
consulted in conformity with Article 37, paragraph 1, of the Rules, declared
that their Governments were anxious to see the case submitted to the Court
by the Application of December 13th, 1950, decided as soon as possible, and
suggested that the written proceedings be limited to the submission of a
Memorial and a Counter-Memorial;
Fixes as follows the time-limits for the presentation by the Parties of the
pleadings:
for the Memorial of the Republic of Colombia : February 7th,1951;
for the Counter-Memorial of the Republic of Peru : March 15th, 1951.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this third day of January, one thousand nine
hundred and fifty-one, 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) Basdevant,
President.
(Signed) E. Hambro,
Registrar. |
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