- 13 representative’s legal arguments that, although they differ from the legal conclusions of the
Commission, do not refer to new facts. In this regard, the Court recalls its consistent case law
according to which the presumed victims and their representatives may mention the violation of
rights other than those included in the Merits Report, provided they relate to the facts contained
in the said document, because the presumed victims are the holders of all the rights recognized in
the Convention.27 Similarly, the representative’s arguments on the unlawfulness of Wong Ho
Wing’s detention and on the applications for habeas corpus filed after the 2011 ruling of the
Constitutional Court are legal arguments and not new facts. Although the appeal filed on April 26,
2013,28 is not mentioned specifically, this Court considers that the fact that, following the ruling of
the Constitutional Court, the representative filed numerous remedies to try and obtain Wong Ho
Wing’s liberty forms part of the factual framework.29 The references to all the remedies that were
filed constitute facts that complement and describe in greater detail this factual situation that the
Commission included in its Merits Report. The Court also considers that the representative’s
arguments about supposed pressure placed on Peru and on Wong Ho Wing’s family so that the
extradition would be granted constitutes factual circumstances that would be part of the
extradition process in Peru; accordingly, these are facts that explain or clarify the facts contained
in the factual framework established by the Merits Report in this case. Consequently, the Court
does not find the State’s objection admissible as regards the facts relating to the alleged suffering
of Wong Ho Wing, his detention and the remedies filed following the ruling of the Constitutional
Court, as well as with regard to the alleged pressure to grant the extradition. Despite the above,
in the chapter on the facts, the Court will determine those that it considers proved in the instant
case.
36. To the contrary, the Court notes that the facts included in the statements of the presumed
victim and his next of kin with regard to Wong Ho Wing’s detention conditions, or the treatment
received during his deprivation of liberty, as well as the proceedings for money-laundering opened
in Peru do not constitute facts that explain, clarify or reject those included in the Merits Report.
Consequently, the Court will not take them into account in this case.
VII
EVIDENCE
A. Documentary, testimonial and expert evidence
37. This Court received diverse documents presented as evidence by the Commission and the
parties attached to their main briefs (supra paras. 3, 7 and 8). The Court also received from the
parties documents it had requested as helpful evidence under Article 58 of the Rules of Procedure.
In addition, the Court received the affidavits made by the presumed victim, Wong Ho Wing, and
the witnesses, Kin Mui Chan and He Long Huang, as well as the expert opinions of Carmen Wurst
de Landázuri, Ben Saul and Geoff Gilbert, Huawen Liu and Jean Carlo Mejía Azuero.30 Regarding
the evidence provided during the public hearing, the Court heard the expert opinions of Bingzhi
Zhao, Ang Sun and Víctor Oscar Shiyin García Toma.
B. Admission of the evidence
B.1) Admission of the documentary evidence
27
Cf. Case of the Five Pensioners v. Peru, supra, para. 155, and Case of Cruz Sánchez et al. v. Peru, supra, note al pie 47.
28
The remedies specifically indicated by the State do not explicitly mention the appeal of April 26, 2013. The appeal of
March 13, 2012, is indicated in paragraph 138 of the Commission’s Merits Report.
29
In this regard, see paragraphs 124 to 131, 133, 134, 138 and 141 of the Commission’s Merits Report.
30
The purpose of these statements was established in the President’s order of July 28, 2014 (supra note 3).