to rule on the compatibility of the extradition procedure with the Convention or the alleged
violations of the judicial guarantees and protection of Mr. Wong Ho Wing.
12.
This case was submitted to the consideration of the Court on October 30, 2013
(supra having seen clause 8 and considering clause 7). At the time of the submission of this
case, the Commission requested the Inter-American Court to declare the violations of the rights
to life, humane treatment, personal liberty, a fair trial, and judicial protection, allegedly
committed in the context of the process of extradition pursued against Mr. Wong Ho Wing, and
that the State be ordered to deny the request for extradition of the alleged victim, by virtue of
the foregoing violations. Therefore, given the uncertainty about the possibility of extraditing
Mr. Wong Ho Wing, the recommendation of the Commission in its Merits Report, the absence
of a final decision on the part of the Executive Branch, and the fact that the process of
extradition would be in its final stage, the Court considers it pertinent that the State abstain
from extraditing Mr. Wong Ho Wing until this Court resolves the present matter definitively
under its contentious jurisdiction. This decision seeks to avoid the frustration of the
fulfillment of an eventual determination by this Court, taking into special consideration that
the beneficiary would be extradited to a State outside the scope of the protection of the
inter-American system and that he is being prosecuted for a crime that could contemplate
the death penalty (supra considering clauses 8 to 11).
13.
Notwithstanding the foregoing, the Court recalls the significance of the mechanism of
extradition and the duty of the States to collaborate in this regard. It is in the interests of the
community of Nations that individuals who have been accused of specific offenses be brought
to justice. Thus, the international human rights obligations of the States and the
requirements of due process of law must be observed in extradition procedures, while this
legal mechanism cannot be used as a path to impunity. 16
14.
Lastly, this Court reiterates that during the pendency of this matter before the bodies
of the Inter-American system, Peru may take the necessary measures with regard to Mr.
Wong Ho Wing to ensure that his possible extradition and the corresponding administration
of justice in the requesting State are not rendered null or illusory. 17
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of the powers granted to it by Article 63(2) of the American Convention and
Articles 27 and 31 of the Rules of Procedure,
DECIDES TO:
16
Cf. Matter of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Court of May 28, 2010,
Considering clause 16, and Matter of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Court of
August 22, 2013, Considering clause 12.
17
Cf. Matter of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Court of May 28, 2010,
Considering clause 18, and Matter of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Court of
August 22, 2013, Considering clause 13.
6