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.