International
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.”
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.
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.
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.
International
Trump criticizes Panama Canal fees and demands U.S. control over strategic waterway
U.S. President-elect Donald Trump criticized what he described as unfair fees imposed on American ships passing through the Panama Canal and threatened to demand that Washington take back control of the strategic waterway.
“Our Navy and commerce have been threatened in a very unjust and reckless way. The rates that Panama charges are ridiculous,” Trump wrote on his Truth Social platform.
The president-elect also denounced the growing influence of China in the canal, a situation he called concerning as U.S. businesses depend on the waterway to transport goods between the Atlantic and Pacific Oceans.
“This complete scam against our country will end immediately,” he stated.
The Panama Canal, completed by the United States in 1914, was handed over to Panama under the 1977 treaty signed by Democratic President Jimmy Carter. Panama took full control of the commercial passage in 1999.
“It was exclusively for Panama to manage, not China or anyone else,” Trump said. “We would never allow it to fall into the wrong hands!”
“If Panama cannot guarantee a ‘safe, efficient, and reliable’ operation of the canal, we will demand that the Panama Canal be returned to us in its entirety, without a doubt,” the Republican added.
Panamanian authorities did not immediately respond to Trump’s statements. While he will assume office on January 20, Trump has been exerting his political influence in the final days of President Joe Biden’s administration.
Five percent of global maritime trade passes through the Panama Canal, which allows vessels traveling from Asia to the U.S. East Coast to avoid the long and dangerous route around the southern tip of South America.
The countries that use the Panama Canal the most are the United States, China, Japan, and South Korea.
In October, the Panama Canal Authority reported earnings of nearly $5 billion in the last fiscal year.
International
Putin vows retaliation following drone attack on luxury building in Kazan
Russian President Vladimir Putin promised more “destruction” in Ukraine on Sunday, in response to a drone strike that hit a residential building in the city of Kazan, located in central Russia, on Saturday.
Russia accused Ukraine of launching a “massive” drone attack, which struck a luxury apartment block in Kazan, about 1,000 kilometers from the border.
Videos shared on Russian social media show drones hitting a high-rise glass building. No casualties have been reported as a result of the attack.
In his statements, Putin addressed the local leader of Tatarstan, the region where Kazan is located, during a virtual ceremony marking the opening of a road.
The attack in Kazan is the latest in a series of increasingly frequent bombings in this nearly three-year-old conflict. Ukraine has not commented on the attack.
Putin had previously threatened to strike the center of Kyiv with a hypersonic ballistic missile in response to Ukrainian attacks on Russian territory.
The Russian Ministry of Defense stated that the recent Russian strikes on Ukrainian energy facilities were retaliation for Ukraine’s use of Western-supplied missiles to target Russian territory.
International
Small plane crashes in Gramado, Brazil, killing nine people
At least nine people were killed on Sunday after a small aircraft crashed in a commercial area of the tourist city of Gramado, in the southern Brazilian state of Rio Grande do Sul, authorities confirmed.
“There are nine confirmed deaths according to Civil Defense services, and there are no survivors from the plane,” said Cléber dos Santos Lima, director of the Interior Police Department of the Civil Police of the state, in a statement to AFP.
Authorities have not yet confirmed the exact number of passengers and crew aboard the aircraft, a turbo-prop Piper Cheyenne 400. However, Civil Defense had previously stated that “preliminarily, the plane was carrying ten people.”
The plane crashed on Sunday morning “into the chimney of a building, then onto the second floor of a house, and finally fell onto a furniture store,” according to a statement from the Rio Grande do Sul Public Security Secretariat.
Trump criticizes Panama Canal fees and demands U.S. control over strategic waterway
Putin vows retaliation following drone attack on luxury building in Kazan
Small plane crashes in Gramado, Brazil, killing nine people
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