3
properly before the inter-American system. On August 8, 2011, the Commission forwarded this
communication to the petitioner and asked him to present his observations within one month.
10.
On September 8, 2011, the petitioners presented their observations, which were
forwarded to the State on October 3, 2011, with the request that it present its observations within one
month. On October 7, 2011, the petitioner filed additional information, which was forwarded to the
State on November 1, 2011. On November 22, 2011, the State presented additional information. The
petitioner presented additional information on November 25, 2011. On February 1, 2012, the petitioner
submitted still more information, which was forwarded to the Peruvian State on February 8, 2012. In
this communication the IACHR asked the Peruvian State to provide specific information2 based on the
fact that the petitioner was asking the Commission to file another request with the Court seeking
provisional measures (concerning the processing of the precautionary and provisional measures, see
infra paragraphs 14 to 23).
11.
On February 21, 2012, the Peruvian State presented its reply to this request for
information; that reply was forwarded to the petitioner on February 22, 2012. On February 17, 2012,
the petitioner submitted additional information, which was forwarded to the State on March 5, 2012.
The petitioner presented additional information on February 27 and March 2, 5 and 14, 2012. On March
22, 2012, the additional information supplied by the petitioner on November 25, 2011, was sent to the
State. On March 23, 2012, the additional information provided by the petitioner on March 2, 5 and 14,
2012, was forwarded to the State, which was asked to present its observations within one month.
12.
On March 26, 2012, the Commission held a public hearing on the merits of the case. At
that hearing the parties supplied updated information and made additional observations on the merits.
On November 27, 2012 the petitioner submitted additional information. On December 5, 2012 the
Commission transmitted the petitioner’s information to the State. On April 3, 2013 the petitioner
submitted additional information. On April 15, 2013 the Commission transmitted the petitioner’s
information to the State.
13.
On April 27, 2013, the Peruvian State presented its observations. On May 1, 2013 the
State submitted additional information. On May 20, 2013 the Commission transmitted the State’s
information to the petitioner. On June 25, 2013 the State submitted additional information. On June 26,
2013 the Commission transmitted the State’s information to the petitioner.
B.
Processing of precautionary and provisional measures
14.
On January 21, 2009, the IACHR received a request seeking precautionary measures for
Mr. Wong Ho Wing. Following a series of procedures and pursuant to Article 25 of its Rules of
Procedure, on March 31, 2009 the IACHR granted precautionary measures for Mr. Wong Ho Wing and
asked the Peruvian State to refrain from extraditing him until a decision had been issued on the
individual petition filed on March 27, 2009, under Article 44 of the Convention. On a number of
2
The questions which the IACHR put to the State in this communication were as follows: “1. How has the
Constitutional Court’s ruling of May 24, 2011, ordering the Executive Branch to refrain from extraditing Mr. Wong Ho Wing
been reflected in the extradition proceedings and in his procedural status?; 2. If a final decision on the extradition request
has not yet been taken, what is the procedure followed to adopt that decision and how long does it take?; and 3. What is
the law that gives the State the authority to continue to hold Mr. Wong Ho Wing in its custody?”