13 IV. FACTS ESTABLISHED 63. The Commission will determine the facts based on the evidence in the case file and information that is public knowledge, in the following order: i) the relevant laws pertaining to extradition in Peru; ii) the bilateral extradition treaty between Peru and the People’s Republic of China; iii) the extradition process pursued against Mr. Wong Ho Wing and the legal remedies invoked in that process; and iv) information on the application of the death penalty and the use of torture and cruel, inhuman and degrading treatment in the People’s Republic of China. A. The relevant laws pertaining to extradition in Peru 64. Article 37 of the Peruvian Constitution provides that: Only the Executive Branch may grant extradition, which it will determine following a report from the Supreme Court, in a decision taken in compliance with the laws and the treaties and based on the principle of reciprocity. Extradition shall not be granted if it is deemed to have been sought for the purpose of persecuting or punishing the extraditurus for reasons of religion, nationality, opinion or race. Those being sought for political crimes or for related acts shall not be subject to extradition. 10 Genocide, assassination and terrorism shall not be classified as political crimes or related acts. 65. Section II of the Peruvian Code of Criminal Procedure (Legislative Decree No. 970) regulates extradition as follows: ARTICLE 513 – When is extradition in order.1. A person on trial, accused or convicted of being the author of or accomplice to a crime and who is in another State, may be extradited to stand trial or to serve a sentence imposed in the convicted person’s presence. 2. When, in the absence of a treaty, extradition is based on the principle of reciprocity, the Attorney General’s Office and the Ministry of Foreign Affairs shall inform the Judicial Branch of the cases in which Peru has invoked the principle of reciprocity and those in which the foreign country involved in the extradition proceeding has agreed to the principle of reciprocity, and of those cases in which the foreign country has done likewise and Peru has considered the matter and given its consent. ARTICLE 514 - The authorities involved1. The government is responsible for deciding on passive or active extradition through a Supreme Ruling issued with the agreement of the Council of Ministers, with a prior report from an Official Commission presided over by the Ministry of Justice and including the Ministry of Foreign Affairs. 2. The Government’s decision shall require the involvement of the Criminal Chamber of the Supreme Court, which shall issue an advisory decision and then forward it, together with the relevant files, to the Ministry of Justice, with copy to the Attorney General’s Office. 10 1993 Peruvian Constitution, available [in Spanish] at the web portal of the Congress of the Republic of Peru: www.congreso.gob.pe/ntley/ConstitucionP.htm.