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Opponents at the Embassy of Argentina in Venezuela, waiting for a permit that does not arrive

Six Venezuelan opposition members are asylum at the Embassy of Argentina in Caracas waiting for the Government of Venezuela to grant the safe-conducts to leave the country. A possibility classified as mandatory in the Convention on Diplomatic Asylum (1954), but of “limited” application in practice, experts say.

Although the convention says that “the asylum State can request the departure of the asylum seeker for foreign territory,” and expressly indicates that “the State is obliged to give immediately (…) the corresponding safe-conduct.” “Except in case of force majeure” is added, without specifying more, which leaves the door open to different criteria.

For Simón Gómez, professor of International Law at the Andrés Bello Catholic University, “force majeure” is a concept “on which there is a relative general acceptance of its meaning.” It refers to “circumstances resulting from a natural tragedy” that prevent “conferring the safe conduct.”

But the president of the College of Internationalists of Venezuela, Juan Francisco Contreras, told EFE that it must be located in 1954, the year in which the convention was created, when many countries “had military and dictatorial regimes.” So “a kind of window was always left to be able to justify some kind of denial.”

For these reasons, both agree that Venezuela could not argue “force majeure” to deny safe conduct. However, they recall that there are examples of governments that have denied safe conducts citing the article of the convention that states that “it is not lawful to grant asylum” to people who, when requested, “are indicted or prosecuted” before “competent ordinary courts and for common crimes.”

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A recent example is the case of Ricardo Martinelli, former president of Panama who was in asylum at the Embassy of Nicaragua, whom Justice sentenced to 10 years in prison for money laundering. A conviction that served as an argument for Panama to deny the safe conduct.

The opposite case is that of Pedro Carmona, who, after an unsuccessful coup d’état against Hugo Chávez in 2002, sent to the Colombian Embassy in Caracas. Although he was accused of rebellion, Chávez himself granted a safe-conduct.

“I must say that, in the face of the sovereign decision (…) of the Colombian Government to grant diplomatic asylum to Dr. Carmona (…) in the next few hours I will issue the safe-conduct to leave Venezuela (…). We are obliged from the point of view of International Law,” Chávez said in May 2002.

The Government has not yet confirmed whether it will approve or deny the safe conduct to the opponents, but the vice president of the United Socialist Party of Venezuela (PSUV), Diosdado Cabello – without a charge in the Executive -, assured that he refused.

On May 30, Argentina demanded from Venezuela “the immediate issuance of safe-conducts,” in “compliance” with the 1954 Convention.

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However, for José Bruzual, professor of Public International Law at the Central University of Venezuela, this case “is not resolved solely with legal criteria.”

“It’s a dilemma from the beginning. The Asylum State has the power to grant asylum, but the territorial State can argue about the nature of the crimes and refuse to grant the safe conduct. In practice, those people can stay there for a long time,” he added.

The six opponents took refuge at the Embassy of Argentina after the Prosecutor’s Office accused them of several crimes, such as conspiracy and treason, among others.

According to the convention, the asylum officer “will take into account” the information of the territorial government on the crimes, but “his determination to continue the asylum or demand the safe conduct for the persecuted will be respected.”

If Venezuela denies the authorization, the convention does not contemplate that any international organization orders the issuance of the permit, so “there is no way to force the country to give the safe conduct,” said expert Contreras.

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The asylum seekers at the Embassy of Argentina are Pedro Urruchurtu, Magalli Meda, Claudia Macero, Humberto Villalobos – all members of María Corina Machado’s party -, former deputy Omar González and Fernando Martínez Mottola, adviser to the opposition coalition Plataforma Unitaria Democrática.

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International

Petro expresses concern over fatal shooting during mass protests in Lima

Colombian President Gustavo Petro voiced his “concern” on Thursday over recent events in Peru, following the death of a protester reportedly shot during a massive demonstration in Lima against the government and Congress.

“I must express my concern over the events in Peru. A young artist has been killed in citizens’ protests,” Petro wrote on X (formerly Twitter).

The Colombian leader also noted that in Peru, “a popularly elected president remains imprisoned without conviction,” referring to Pedro Castillo, who led the country from July 2021 to December 2022 until he was removed by Congress following a failed attempted coup.

“This is a blatant violation of the American Convention on Human Rights,” Petro stated, adding, “I hope Peru seeks social and political dialogue to legitimize its public institutions.”

On Wednesday, Peru experienced widespread protests in several cities, with the largest demonstration in Lima in recent years, driven by citizens’ concerns over corruption and public insecurity.

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During the capital’s mobilization, the Ombudsman’s Office confirmed the death of Eduardo Ruiz, 32, and reported clashes that left over 100 injured, including 78 police officers and 24 protesters, as well as ten arrests.

The Attorney General’s Office, investigating Ruiz’s death “in the context of serious human rights violations,” confirmed that the protester was shot.

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International

Peru’s interim president José Jerí refuses to resign after protester’s death in Lima

Peru’s interim president, José Jerí, stated Thursday that he has no intention of resigning from the post he assumed last Friday, following the removal of former president Dina Boluarte, despite growing unrest over the death of a protester during massive demonstrations in Lima on Wednesday.

“I will not resign,” Jerí declared outside the Government Palace in Lima, where he returned on foot after making a surprise visit to Congress headquarters alongside Prime Minister Ernesto Álvarez.

Earlier, after leaving the Legislative Palace, the president acknowledged that the country is going through “difficult times” and condemned what he described as “a small group attempting to impose an agenda different from the citizens’ expression of discontent.”

Jerí expressed condolences for the death of Eduardo Ruiz, a 32-year-old man who died during Wednesday’s protest against the government and Congress, amid growing anger over corruption and insecurity.

“We stand in solidarity with his family,” he said, without offering further details about the incident, which has sparked outrage among Peruvians.

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The president also described the demonstrations as “a legitimate civic expression” that later turned violent due to “certain groups seeking to provoke chaos by exploiting a peaceful citizen movement.”

“In a state governed by the rule of law, the rights of both demonstrators and security forces must be protected,” Jerí emphasized, adding that “as a result of that situation, this unfortunate death occurred outside the main area where the protest was taking place.”

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International

Mexican government prioritizes 191 communities after deadly floods

Mexican President Claudia Sheinbaum confirmed on Wednesday that the death toll from recent rains and floods across several central states has risen to 66, while the federal government has activated air bridges and prioritized assistance in 191 isolated communities.

“Unfortunately, 66 people have died, and 75 remain missing,” the president said during her morning press conference. She added that the official death toll will be updated later in a new report.

As of Tuesday, authorities had reported 64 fatalities. Sheinbaum also announced the creation of a public information center to centralize official data on the deceased, missing persons, damaged homes, and cut-off communities.

According to the president, the number of missing persons has decreased thanks to coordination with state authorities.

“Through calls to phone line 079, 103 people who had been reported missing have now been located,” she explained.

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Priority Municipalities

The president noted that the federal government has classified 191 communities as ‘priority’, a designation based mainly on the percentage of homes affected.

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