3
9.
The representative stated that the extradition procedure in this case did not
“comply with the principle […] of double jeopardy, because it is not a case of different
names for the same content of the matter typified, but of totally distinct situations,
[because,] under Peruvian law, ‘evasion of taxes or customs duties’ is not an offense,
but rather an administrative omission,” contrary to the case in China where it could be
punished with the death penalty. In addition, he indicated that “the fact that the death
penalty has been annulled under Chinese law […] does not offer any guarantee as to
the way in which Wong Ho Wing would be dealt with if the provisional measures were
lifted” because, “although, in the beginning, the Chinese Government offered
guarantees to the Peruvian Government that it would not apply the death penalty in
his case […], these guarantees were never reliable,” owing, inter alia, to the existence
of “previous instances of non-compliance by Chine of guarantees offered to abstain
from applying the death penalty in case of extradition.” Lastly, he stated that “it would
not be surprising that […] China failed to comply with the commitments it had made to
Peru, using the argument of sovereignty, because once under Chinese jurisdiction,
[Wong Ho] Wing will be totally unprotected.”
10.
The Inter-American Commission considered that Peru’s request to lift the
provisional measures “was inadmissible, because Peru did not have sufficient
information to consider that the circumstances that justified the provisional measures
had changed.” The Commission observed that the translation of the supposed
annulment of the death penalty for the offense of commodity smuggling was provided
by the Chinese diplomatic authorities in Peru and “it is unclear if it constitutes a
certified translation.” The said document “merely transcribes the respective provisions
underlining those that were supposedly amended.” In this regard, the Commission
observed that “the available information gives rise to a series of concerns about the
relevance of the amendment to the law in […] China in relation to the specific situation
of Wong Ho Wing.” On the one hand, “the available information does not directly
reflect the State’s assertions in its brief and, on the other hand, irrespective of the
information available, the Peruvian State has not provided basic information such as
the text of the amendment, its entry into force, the duration of its application, and
information on the context of the application of the death penalty in China.”
B. Considerations of the Court
11.
The Court recalls that these provisional measures were granted at the request
of the Inter-American Commission in the context of petition P-366-09, merely in order
“to permit the Commission […] to examine and rule on the [said] petition,” which was
declared admissible in Report No. 151/10 of November 1, 2010.2 Consequently, in this
order, the Court will not deal with any arguments of the parties that fall outside the
duly defined purpose or which relate to the merits of the dispute.
12.
The Court reiterates that, regarding the preventive aspect, the object and
purpose of these measures is to preserve the rights that are possibly at risk until the
dispute is resolved. Their object and purpose are to ensure the integrity and
effectiveness of the decision on merits and, thus, avoid harm to the rights in litigation,
a situation that could render useless or nullify the effet util of the final decision. With
regard to the protective nature of the provisional measures, they represent a real
2
Admissibility Report of the Inter-American Commission on Human Rights No. 151/10, of November
1, 2010, para. 46.