Interview with Jorge Leyva in Singapore: The Role of Lawyers in Political Asylum

Interviewer: Jorge, thank you for joining us here in Singapore. We understand you have come for some meetings with high level officials and the special constitutional law international conference. Therefore we appreciate you making some time for us.

We’re eager to have you here and know about your conference regarding the critical role of lawyers in political asylum cases as well as your views on national prosecution as a legal concept. We would like to ask you some questions on the topic.

Jorge Leyva: Thank you very much. It is always a pleasure to visit Singapore and to talk to colleagues and the press. As you can understand I don't discuss my private professional meetings but regarding the conference, please feel free to ask as you prefer.

1. Jorge, why do you believe lawyers play a crucial role in helping defendants secure political asylum?

Jorge Leyva: Lawyers are essential in political asylum cases because we ensure the applicant’s rights are upheld throughout a complex and often intimidating legal process. Asylum seekers are often unfamiliar with the legal systems in their host countries and face cultural and language barriers. We provide a voice for these individuals, present the necessary evidence, and argue their case within a legal framework. Without legal representation, many genuine asylum seekers might be denied protection simply due to procedural missteps or inadequate understanding of the law.

2. What are some of the main challenges that asylum-seeking defendants face without legal assistance?

Jorge Leyva: The challenges are immense. Without legal assistance, asylum seekers may struggle to understand the legal requirements and deadlines. They might fail to gather and present the evidence necessary to prove their fear of persecution. Furthermore, they could be at risk of detention, deportation, or even threats to their lives if their cases are mishandled. We lawyers help protect these individuals from such dangers by guiding them through each step and ensuring their case is presented effectively.

3. Can you explain the importance of providing evidence in asylum cases?

Jorge Leyva: Evidence is the cornerstone of any asylum case. To be granted asylum, applicants must demonstrate a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group. Without concrete evidence, even the most compelling stories can fall short of legal requirements. We as lawyers are trained to collect and present evidence, from testimonies to documentation, that strengthens the applicant’s case and meets the legal standards.

4. What are the implications of national prosecution, and why do you emphasize that it is a procedure, not a right?

Jorge Leyva: National prosecution refers to the process in which a country exercises its jurisdiction to try individuals for alleged crimes committed within its borders or in some cases, even abroad. It’s not a right of the prosecuting state but rather a legal option available when specific criteria are met, often depending on the laws and treaties governing international cooperation. Emphasizing this distinction is important because it shows that national prosecution is not automatic. Each case must be evaluated to ensure it aligns with legal standards, including considerations of fair treatment, human rights, and jurisdiction.

5. In what situations might national prosecution be challenged, and how do lawyers play a role in this?

Jorge Leyva: National prosecution can be challenged if there’s evidence that the accused might not receive a fair trial or if their human rights are at risk. We as lawyers play a critical role here by arguing against unjust prosecution. For example, if a defendant can demonstrate that the prosecution is politically motivated or lacks credible evidence, a lawyer can raise these issues in court. Lawyers ensure that justice is upheld by scrutinizing the motives and fairness of any prosecution attempt.

6. How does political asylum intersect with national prosecution in your view?

Jorge Leyva: Political asylum and national prosecution intersect when an individual facing prosecution claims persecution in their home country. In such cases, the defendant may argue that their prosecution is not grounded in actual criminal conduct but is instead an attempt to suppress their political beliefs or affiliations. Lawyers have to navigate these intersections carefully, defending the right to asylum while also addressing any underlying legal accusations. It’s a delicate balance, underscoring the need for strong legal representation to protect the defendant’s rights.

7. What specific legal strategies do you recommend for lawyers representing asylum seekers facing national prosecution?

Jorge Leyva: As lawyers we focus on gathering evidence that the client’s prosecution is unjust, often relying on documentation of persecution or political bias against the defendant. It’s also crucial to highlight international human rights standards that prohibit politically motivated prosecutions. Lawyers may argue that their client’s actions, if deemed criminal by the prosecuting state, are protected under free expression or other democratic freedoms. Collaboration with human rights organizations can also provide essential support for these cases.

8. What role do you see international cooperation playing in political asylum and national prosecution cases?

Jorge Leyva: International cooperation is essential, as it allows for harmonized standards in handling cases that have cross-border implications. Countries must work together to ensure fair legal treatment, sharing information and aligning on basic human rights standards. By doing so, they create a stronger framework that protects people fleeing persecution while ensuring that national prosecutions are just, not politically motivated.

9. What advice would you give to young lawyers interested in defending asylum seekers and working on national prosecution cases?

Jorge Leyva: My advice is to approach this work with empathy, dedication, and a strong foundation in human rights law. Asylum and national prosecution cases are legally complex and can be emotionally demanding, but they offer the chance to make a significant difference in people’s lives. Young lawyers should immerse themselves in international conventions, seek mentorship from experienced practitioners, and commit to justice, even when the cases are challenging. The work is demanding, but each success has a profound impact on someone’s life, making it one of the most rewarding areas of law.

10. Interviewer: Thank you, Jorge. Your insights provide a clear understanding of the critical role of lawyers in these areas and the importance of a fair and humane approach to political asylum and national prosecution.

Jorge Leyva: Thank you very much. It was a pleasure discussing these important issues.