The subject matter of the present case differs from Asylum Judgment. It concerns a question –the surrender of Haya de la Torre to Peruvian Authorities- which in the previous case was completely outside the submission of the parties and which was not decided by the judgment.
It was asked to the court to make a choice among the various courses by which the asylum may be terminated. These courses are conditionated by facts and by possibilities that the parties are alone in a position to appreciate. A choice amongst them could not be based on legal considerations, but only on considerations of practicability or of political expediency; it is not part of the court judicial function to make such choice