INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISION INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME

ORGANIZACIÓN DE LOS ESTADOS AMERICANOS
WASHINGTON, D.C. 2 0 0 0 6 EEUU
October 30, 2013
Ref.:

Case No. 12.794
Wong Ho Wing
Peru

Mr. Secretary:
I am pleased to address you on behalf of the Inter-American Commission on Human Rights in
order to file Case No. 12.794 Wong Ho Wing v. Peru (hereinafter “the State”, “the Peruvian State” or
“Peru”) before the jurisdiction of the Honorable Inter-American Court of Human Rights regarding a series
of rights violations against Mr. Wong Ho Wing, a national of the People’s Republic of China, from his arrest
on October 27, 2008, and throughout the extradition process that remains ongoing to date. In its merits
report the Commission found that Mr. Wong Ho Wing was and continues to be subjected to an arbitrary
and excessive denial of his freedom that is not justified by procedural requirements and that has
continued for more than five years under “provisional arrest” with no final ruling on his legal situation.
The Commission also concluded that in the different stages of the extradition proceedings, the
domestic authorities were responsible for a series of omissions and irregularities in processing the case,
and in receiving and assessing the alleged guarantees extended by the People’s Republic of China. The
Commission found that in addition to violations of several aspects of due process, those omissions and
irregularities constituted a failure to uphold Mr. Wong Ho Wing’s right to life and right to humane
treatment.
The Commission also found that since May 24, 2011, the date on which Peru’s Constitutional
Court ordered the executive branch to refrain from extraditing Mr. Wong Ho Wing, the country’s
authorities have been in a state of noncompliance with a court order that is incompatible with the right to
judicial protection.
The Peruvian State ratified the American Convention on Human Rights on July 12, 1978, and it
accepted the Court’s contentious jurisdiction on January 21, 1981.

Mr
Pablo Saavedra Alessandri, Secretario
Inter-American Court on Human Rights
Apartado 6906-1000
San José, Costa Rica

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