advised that on March 26, 2012, a public hearing was held on the merits of the case in
order to complete the processing of the case and proceed to issue a merits report as
soon as possible.’”8 The Court also indicated that it was “opportune that the InterAmerican Commission take a prompt decision on case No. 12,794 before that organ,”
taking into account the preventive aspect indicated, […] as well as the State
observations on the certainty required by the organs intervening in the extradition
procedure of Wong Ho Wing.”9
8.
Despite the foregoing, in the course of the six months since the adoption of
these measures up until December 2012, the Court has not received any information
from the Commission on the adoption of the said merits report, or on the situation of
the said case before this organ. Furthermore, it has not received any information from
the State or any objection from Peru to the continuation of the measures granted in
favor of the beneficiary. Therefore, on December 6, 2012, the acting President issued
an Order in which he found it pertinent to extend the validity of these provisional
measures until March 1, 2013, in order, inter alia, “to allow the Inter-American
Commission to fulfill its mandate under the Convention and [to proceed] to examine
case No. 12,794,” in the understanding that the circumstances that, at the time,
justified the adoption of these provisional measures had not changed.10 In addition, in
the said Order, the acting President required the State and the Inter-American
Commission to present updated information so that the Court would have all the
necessary elements to make an adequate assessment of the validity and
implementation of these provisional measures, while establishing that “the Court in
plenary [would] consider and deliberate on the need to maintain these measures
during its ninety-eighth regular session to be held at the seat of the Court from
February 4 to 16, 2013.”11
9.
In particular, the acting President required the Inter-American Commission to
present completed and detailed information on: (i) the subsistence of a situation of
extreme gravity and urgency for Wong Ho Wing that could cause irreparable damage to
his rights; (ii) the actual status of Case No. 12,794 before the Commission and, if
appropriate, (iii) the approximate date on which it considers that it could reach a
decision on the merits of the case. In addition, the acting President asked the State to
present current information on the status of the beneficiary’s extradition procedure.
10.
In this regard, the Inter-American Commission emphasized that “neither in the
context of case [No.] 12,794 nor in the context of the provisional measures, has the
State of Peru provided updated information indicating that there has been a change in
the situation Wong Ho Wing.” Based on this, it indicated that “the factual assumptions
on which the decision was taken to re-establish the provisional measures on June 26,
2012, remain identical and, therefore, the situation of extreme gravity, urgency and
risk of irreparable damage subsists”; similarly, “the need remains to allow the organs
of the inter-American system to make a final ruling on the case,” in a decision that will
be effective. Regarding the actual status of case No. 12,794 before that organ, the
Commission advised that it continues at the merits stage and that it had decided to
8
Matter of Wong Ho Wing. Order of the Court of June 26, 2012, forty-second considering paragraph.
9
Matter of Wong Ho Wing. Order of the Court of June 26, 2012, forty-first considering paragraph.
10
Cf. Matter of Wong Ho Wing. Order of the acting President of the Court of December 6, 2012, eighth
and ninth considering paragraphs.
11
Matter of Wong Ho Wing. Order of the acting President of the Court of December 6, 2012, eighth
and ninth considering paragraphs.
4