diplomatic asylum It is a form of protection afforded to a person on the premises of the embassy or consulate of a foreign country.

This type of asylum is granted to people who seek refuge due to well-founded fear of persecution or danger in their country of origin. Unlike political asylum, which is granted in the territory of the receiving country, diplomatic asylum involves protection within foreign diplomatic facilities.

Diplomatic asylum is a recognized practice in international law, although its application and recognition may vary depending on the laws and policies of individual countries.

When someone applies for diplomatic asylum, they usually seek refuge in the embassy or consulate of a country that they believe can offer protection. The receiving country can assess the application and decide whether or not to grant asylum.

Diplomatic mission

According to Article I of the 1954 Treaty on Diplomatic Asylum, granted asylum in legations, warships and camps or military aircraft, to people persecuted for political reasons or crimes, shall be respected by the territorial State in accordance with the provisions of this Treaty.

That is described in detail legation is any seat of an ordinary diplomatic missionthe residence of the heads of missions and the buildings they allow for the accommodation of asylum seekers when their numbers exceed the normal capacity of the buildings.

Likewise, it is indicated that warships or military aircraft that were temporarily in shipyards, arsenals or workshops for repair, They cannot constitute an asylum location.

On the other hand, Article III states that “It is not legal to grant asylum to people who, at the time of request, are accused or prosecuted before the competent ordinary courts for common crimes.or convicted of such crimes and by the said courts, without having served the respective sentences, nor to deserters from the land, sea and air forces, unless the facts motivating the asylum request are, in any case, clearly of a political nature. ”

The standard indicates that the persons mentioned in the previous article actually enter a place that is suitable for use as an asylum They should be invited to leave or, where appropriate, handed over to the local authoritywho cannot convict them of political crimes before extradition.

Former Vice President Jorge Glas served a combined sentence of eight years in ‘provisional freedom’: can he seek asylum from the government of Mexico?

The Ecuadorian Ministry of Foreign Affairs confirms that Jorge Glas remains at the Mexican embassy and asks for cooperation

‘Guest’ in diplomatic legation

The figure of ‘guest’ does not exist in international law and has no legal support.

“The precedent that exists is that of a case in the Argentine embassy in Havana of a Cuban doctor, Hilda Molina, who was persecuted and allowed to be a ‘guest’ to provide him with immediate protection given the danger his life was in,” he explained Antenna 3 Sonarib Hernández, international law lawyer.

It is explained that the figure of ‘guest’ is rather a political tool to find a solution to the impossibility of leaving the country. with the aim of not putting pressure on diplomatic relations between countries.

It also details that political asylum seekers are protected by the receiving state, so that they have a safe passage to leave the embassy. The situation is different with a ‘guest’, who cannot request safe passage. (JO)