Mexico to open embassy raid case at top UN court

Nevin Al Sukari - Sana'a - Police officer stand watch outside the Ecuadorean embassy, after Ecuadorean authorities arrested former Ecuador’s vice president Jorge Glas, seizing him from the Mexican embassy in Mexico City and prompting Mexico to suspend bilateral relations. — Reuters pic

THE HAGUE, April 30 — Mexico and Ecuador cross swords at the United Nation’s highest court today over an embassy raid to seize a former top Ecuadoran politician, with Mexican officials imploring judges to suspend Quito’s UN membership.

Ecuadoran security forces stormed the Mexican embassy in early April to arrest former vice president Jorge Glas, who is wanted on corruption charges and had been granted asylum by Mexico.

The rare incursion on diplomatic territory sparked an international outcry, and led Mexico to break ties with Ecuador, pulling its diplomats out of the country.

Black-robed lawyers and representatives from both countries will today and tomorrow state their cases before the austere judges at the International Court of Justice, based at the opulent Peace Palace in The Hague.

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“Mexico respectfully requests the Court to... suspend Ecuador as a member of the United Nations” until it issues a public apology “recognising its violations to the fundamental principles and norms of international law”, its application said.

It also wants judges to declare that the Hague-based ICJ was the “appropriate judicial body” to determine a state’s “responsibility... in order to initiate a process of expulsion” from the UN.

Mexico based its application on the principles of the UN Charter as well as the 1948 Pact of Bogota — which obliges its signatories to solve disputes through peaceful means — and the 1961 Vienna Convention which guarantees protection for diplomatic staff.

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While the ICJ — set up after World War II to rule in disputes between countries — may take several months or even years to hand down a final ruling, Mexico has also asked for a set of emergency rulings called “provisional measures”.

This included “immediate measures” to protect its embassy and diplomatic premises in Quito and to “allow the Mexican government to clear diplomatic premises and the private residence of diplomatic agents.”

It also wants the court to order Ecuador to “refrain from any act or conduct likely to aggravate or widen the dispute of which the Court is seized.”

‘Illegal and arbitrary’

Ecuadoran President Daniel Noboa has defended the embassy raid as necessary to detain Glas because he posed a flight risk, saying he was willing to “resolve any difference” with Mexico.

Ecuador’s own National Court of Justice ruled just over two weeks ago that Glas’ arrest was “illegal and arbitrary”.

But the high court announced that Glas would remain behind bars pending criminal investigation.

Lawyers for Glas are seeking his freedom after filing a writ to the court and seeking that his detention be declared illegal.

Glas, who served as vice president from 2013 to 2017, faces graft charges stemming from his time in office.

The raid came hours after Mexico granted Glas’ request for political asylum.

The high court ruling said the arrest was illegal since security forces had no warrant to enter the embassy.

But the court added Glas would remain in a high security prison in the port of Guayaquil pending two other cases of corruption.

Ecuador has refused to recognise Glas’ asylum status, saying it was not legal to grant it in cases of common crimes.

Following his arrest, Glas was hospitalised due to what officials said was the 54-year-old’s refusal to eat in the prison, where he was later returned.

Several Latin American states, Spain, the European Union, United States and the UN chief have condemned the embassy intrusion. — AFP