measures is related to the framework of the International contentious realm. In this sense,
the measures are aimed at preserving those rights that are in a state of possible risk until
the controversy is resolved in order to assure the integrity and effectiveness of the decision
on the merits, and in this way avoid harm to the rights under litigation, a situation which
could render the effect utile of the decision meaningless. In regard to the protective nature
of provisional measures, become a real jurisdictional guarantee of a preventive nature, as
they protect human rights, in so much as they seek to avoid irreparable harm to persons. 10
11.
Until now the purpose of these measures has been to prevent the extradition of Mr.
Wong Ho Wing, as a precautionary measure, to prevent any problems with the fulfillment of
a possible decision by the Inter-American system and as a protective measure, to protect
the right to life and personal integrity of Mr. Wong Ho Wing, who risks being extradited and
subsequently prosecuted for a crime that could entail the death penalty. The requirements
of extreme gravity and urgency and the necessity of avoiding irreparable harm 11 have been
satisfied in the context of these measures by the fact that the extradition of Mr. Wong Ho
Wing is in its final stage, 12 and thus it corresponds to the Executive Branch to issue a final
decision on the request for extradition to a State that is outside the scope of the protection
offered by the Inter-American System, where the beneficiary is being prosecuted for a
crime which could entail the death penalty. The request of the representative of the
beneficiary seeks to modify the purpose of these measures so as to protect, through the
implementation of the provisional measures, the liberty and physical integrity of the
beneficiary, ordering his "immediate release." Therefore, the Court finds that the
representative’s request does in fact constitute a broadening of the subject matter of the
present measures.
12.
The Court notes that this case is currently being heard by this Court. To date, the
brief submitting the case and the Report on the Merits have been filed by the Commission,
as well as the brief containing pleadings and motions by the representative. The Court
awaits the submission of the answer brief from the State.
13.
In its Report on the Merits to this case, the Commission concluded that there had
been “an excessive delay in the deprivation of liberty of the [alleged] victim, [who has been
detained for five years] in violation of Article 7(5)” of the Convention. Pursuant to the
Commission, since the decision of the Constitutional Tribunal in 2011, “there is a definitive
judicial order that is not advisory in nature” to not extradite Mr. Wong Ho Wing. It noted
that a final decision by the Executive Branch has left the alleged victim in a state of “legal
limbo,” in violation of Article 7(3) of the Convention and that “the absence of a period
expressly provided for the provisional arrest with likelihood of extradition” is incompatible
10
Cf. Case of Newspaper “La Nación”. Provisional measures regarding Costa Rica. Order of the Court of
September 7, 2001, Considering clause 4, and Case of Wong Ho Wing. Provisional measures regarding Perú. Order
of the Court of January 29, 2014, Considering clause 8.
11
Regarding these three requirements, the Court noted that: gravity, for purposes of the adoption of
provisional measures, must be “extreme,” that is that it be at its highest or most intense level; the urgent nature
implies that the risk or threat involved is imminent, which requires the answer be immediate, and lastly, in regard
to the damage, there must be a reasonable probability that it materialize and it must not fall on legal interests that
can be repaired. Cf. Matter of Monagas Judicial Internment Center (“La Pica”), Yare I y Yare II Capital Region
Penitentiary Center (Yare prison), Penitentiary Center of the Central Occidental Region (Uribana Prison), and El
Rodeo I and El rodeo II Capital Judicial Confinement Center. Provisional measures regarding Venezuela. Order of
the Court of November 24, 2009, Considering clause 3; Matter of Belfort Istúriz et al. Provisional measures
regarding Venezuela. Order of the Court of April 15, 2010, Considering clause 8, and Case of the Caracazo.
Request for provisional measures regarding Venezuela. Order of the Court of May 28, 2010, Considering clause 6.
12
After the Supreme Court of Justice of Peru issued two advisory orders ruling in favor of Mr. Wong Ho Wing’s
extradition.
5