ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF JULY 1, 2011
PROVISIONAL MEASURES
WITH REGARD TO THE REPUBLIC OF PERU
CASE OF WONG HO WING
HAVING SEEN:
1.
The order of the acting President of the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court” or “the Court”) of March 24, 2010, and the
orders of the Court of May 28 and November 26, 2010, and March 4, 2011, in which it
was decided, inter alia, to require the Republic of Peru (hereinafter also “the State” or
“Peru”) to abstain from extraditing Wong Ho Wing. In the last order, the Court
decided, inter alia:
1. To require the State, in accordance with the provisions of the […] order, to abstain from
extraditing Wong Ho Wing until July 15, 2011.
2. To require the State to forward to the Inter-American Court of Human Rights, by April
14, 2011, at the latest, the report and documentation indicated in the seventeenth
considering paragraph of the […] order.
3. To ask the representative of the beneficiary and the Inter-American Commission on
Human Rights to present their observations on the report of the State mentioned in the
preceding operative paragraph, within two and four weeks of receiving it, respectively.
2.
The brief of March 30, 2011, and its attachments, in which the State sent a
report on the alleged annulment of the death penalty for the crime of smuggling
commodities in the People’s Republic of China (hereinafter also “China”), and
forwarded answers to the questions posed by the judges of the Court during the public
hearing held on February 25, 2011. In addition, it asked the Court to lift the
provisional measures in favor of Wong Ho Wing immediately.
3.
The briefs of April 18 and 27, 2011, in which the representative of the
beneficiary (hereinafter also “the representative”) forwarded observations on the
*
Judge Diego García-Sayán, a Peruvian national recused himself from hearing this matter, in
accordance with Articles 19 of the Court’s Statute and 21 of its Rules of Procedure, and this was accepted by
the Court. Consequently, Judge García-Sayán ceded the presidency to the Vice President of the Court, Judge
Leonardo A. Franco, acting President for this matter, in keeping with Article 4(2) of the Rules of Procedure.
Also, judge Alberto Pérez Pérez advised the Court that, for reasons beyond his control, he could not be
present for the deliberation and signature of this order.