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INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1. The case submitted to the Court. On October 30, 2013, in accordance with the provisions of
Articles 51 and 61 of the American Convention and Article 35 of the Court’s Rules of Procedure,
the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission”
or “the Commission”) submitted the case of Wong Ho Wing against the Republic of Peru
(hereinafter “the State” or “Peru”) to the jurisdiction of the Inter-American Court. According to the
Commission, the facts of this case related to a series of presumed violations of the rights of Wong
Ho Wing, a national of the People’s Republic of China, from the time of his detention on October
27, 2008, and throughout the extradition process that continues to date. According to the
Commission, Wong Ho Wing has been and continues to be subjected to an alleged arbitrary and
excessive deprivation of liberty that is not justified by procedural requirements. The Commission
also concluded that, at different stages of the extradition proceedings, the domestic authorities
had presumably been responsible for a series of omissions and irregularities in the processing of
the case, which constituted, in addition to presumed violations of several aspects of due process,
alleged non-compliance with the obligation to ensure the right to life and to humane treatment of
Wong Ho Wing. In addition, it concluded that, since May 24, 2011, the date on which the Peruvian
Constitutional Court ordered the Executive Branch to refrain from extraditing Wong Ho Wing, the
State authorities had allegedly failed to comply with a court ruling, which was incompatible with
the right to judicial protection.
2. Proceedings before the Commission. The proceedings before the Commission were as follows:
a) Petition. On March 27, 2009, Wong Ho Wing lodged the initial petition before the
Commission.1
b) Admissibility Report. On November 1, 2010, the Commission adopted Admissibility
Report No. 151/10.2
c) Merits Report. On July 18, 2013, the Commission adopted Merits Report No. 78/13,
pursuant to Article 50 of the Convention (hereinafter “Merits Report”), in which it reached a
series of conclusions and made several recommendations to the State:
Conclusions. The Commission concluded that the State was responsible for the violation
of the rights to personal liberty, life, humane treatment, judicial guarantees and judicial
protection, established in Articles 7, 4, 5, 8 and 25 of the American Convention in
relation to the obligations established in Article 1(1) of this instrument, to the detriment
of Wong Ho Wing.
Recommendations. Consequently, the Commission made a series of recommendations
to the State, including that it:
i.
Order the measures necessary to ensure that the extradition process is brought to a conclusion as soon
as possible, in accordance with the procedures set forth in the Peruvian Code of Criminal Procedure,
denying the extradition in strict compliance with the Constitutional Court’s ruling of May 24, 2011. In
compliance with this recommendation the State must ensure that none of its authorities instigates
mechanisms that would obstruct or delay enforcement of that ruling.
1
Cf. Initial petition lodged on March 27, 2009, by Luis Lamas Puccio and Wong Ho Wing (evidence file, folio 753).
2
Cf. Admissibility Report No. 151/10, Case of Wong Ho Wing v. Peru, November 1, 2010 (evidence file, folio 1154).