El asilo diplomáticoconnotaciones actuales de un atavismo internacional

Laburpena

The diplomatic asylum is based on the inviolability of diplomatic legations and can be defined as the protection that the State temporarily gives in the locals of the diplomatic mission to people -always no nationals- who go to them under urgent situations, when prosecuted for political or ideological reasons. Despite the cruelty and the fanatic outrage that nowadays do tabula rasa of any kind of international convention and agreement –whose universal observance constitutes irreplaceable guarantee of the peace and security and universal public and legal order–, the embassies and sometimes consulates have often constituted the primary place of shelter for people of any kind and fugitive condition from secure prosecutions and slaughters. The embassies or the rest of diplomatic locals in the different States or even, in oftendramatic situations, their warships or military aircrafts, become the last piece of hope. Thousands of people of any age, gender, condition and ideological affinity own their lives, or their personal and familiar integrity, to the transcendental but momentary shelter found in the cover of its jurisdiction immunity, and its formal and material inviolability generally accepted, under incredible circumstances and limit situations that prompted reiterated and well-known disputes, provoked around the controverted but at the same time effective institution known as diplomatic asylum, or its assimilated modalities of naval an aerial asylum. Despite the fact that the asylum institution under singular privileged enclosures buries its roots in the night of times, the extraterritorial asylum enjoys good health, under the conventional form of the specific ibero-american territorial sphere, known as diplomatic asylum or through that simple practice with humanitarian roots, holds up as the temporal shelter in the diplomatic locals, under the conventional principle of the absolute inviolability of the diplomatic representations, in front of the State where the prosecution of people or groups, whose lives, liberty and integrity are in unjustified and serious danger, takes place. As long as the notion of diplomatic asylum requires nowadays the support of a bilateral conventional instrument, or a multilateral regionally one, the temporal shelter in the diplomatic locals constitutes too a simple international humanitarian practice, exerted even on a global scale in extreme episodic situations of individual or collective danger, under the support of that inviolability of the diplomatic representations, universally set by the art. 22,1 of the diplomatic relationships convention, happened in Viena the 18th of april of 1961, that states “the inviolability of the locals of the Mission”. However, if the granting of temporal shelter under the inviolability of the diplomatic locals shows unquestionable political connotations inherent to the determination of unequivocal hierarchical guidelines of pre-eminence in the contemporaneous international society –which results completely palpable in the media case of “Assange”–, it does not seem advisable to refuse “a priori” –as incredibly and paradoxically as it happened in Spain– such a possibility taking into account the postulates of internal legislation.