ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 28, 2010
REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
WITH REGARD TO THE REPUBLIC OF PERU
MATTER OF WONG HO WING
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the Commission”) of February 24, 2010, and its attachments, in
which the Commission submitted to the Inter-American Court of Human Rights (hereinafter
“the Inter-American Court” or “the Court”) a request for provisional measures, in
accordance with Article 63(2) of the American Convention on Human Rights (hereinafter
“the American Convention” or “the Convention”) and Article 27 of the Rules of Procedure of
the Court1 (hereinafter “the Rules of Procedure”), with the intention that the Court order the
Republic of Peru (hereinafter “Peru” or “the State”) to abstain from extraditing Wong Ho
Wing (hereinafter “Mr. Wing”) to the People’s Republic of China (hereinafter “China” or the
“requesting State”) until the organs of the inter-American system (hereinafter, “interAmerican system”) have issued a final decision on the petition lodged with the InterAmerican Commission under Article 44 of the Convention.
2.
The note of February 26, 2010, in which the Secretariat of the Court (hereinafter “the
Secretariat”), on the instructions of the acting President 2 of the Court in this matter
(hereinafter “the acting President”), asked the State to forward, by March 3, 2010, at the
latest: (i) any observations it considered pertinent on this request for provisional measures;
(ii) a copy, duly translated into Spanish, of the decision of December 8, 2009, issued by the
People’s Supreme Court of the People’s Republic of China (hereinafter “the People’s
Supreme Court of China”), and (iii) any other documentation it deemed pertinent so that
the Court would have all the necessary information to consider the Inter-American
Commission’s request. It also asked the Commission to forward, by the same date, the said
decision of the People’s Supreme Court of China, as well as its observations on the
implications of the said decision in relation to its request for provisional measures.
1
Rules of procedure approved at the Court’s eighty-fifth regular session held from November 16 to 28,
2009.
2
Judge Diego García-Sayán, a Peruvian national, recused himself from hearing this matter in accordance
with Article 19 of the Court’s Statute, and Article 21 of its Rules of Procedure and this was accepted by the Court.
Consequently, pursuant to Article 4(2) of the Rules of Procedure, Judge García-Sayán ceded the Presidency to the
Vice President of the Court, Judge Leonardo A. Franco, acting President in this matter.