3
In addition to the need to secure justice for the failure to comply with the recommendations of
the merits report, the Commission believes that this case raises questions related to the inter-American
public order. Specifically, it offers the first opportunity for the Inter-American Court to develop
jurisprudence on the standards to be observed in processes and decisions related to extradition
proceedings, in order to keep states from violating their international obligations under the American
Convention. Specifically, the Court could rule on the topic of diplomatic guarantees and other types of
assurances to ensure the strict enforcement of the principle of not extraditing persons who could then
face the risk of suffering torture. In addition, the Court could rule on the details of the diplomatic
guarantees and other types of assurances that are necessary to ensure that the death penalty is not
imposed on a person extradited from a state that has already abolished capital punishment.
Since these matters have a significant impact on the inter-American public order, in compliance
with Article 35.1.f of the Inter-American Court’s Rules of Procedure, the Commission proposes testimony
be heard from the following experts:
1. A person whose name will be informed shortly, to testify on the guarantees of due process and
the right to personal liberty in proceedings brought to decide on the extradition of a person. The expert
will analyze this issue from the point of view of states’ international obligations, including references to
the different regulatory and institutional designs available for extradition proceedings in order to ensure
their compatibility with the minimum standards for liberty and due process.
2. A person whose name will be informed shortly, who will speak of the international standards,
including the jurisprudence of the European Court of Human Rights and the rulings of the United Nations
treaty Committees, and of the reception, processing, and appraisal of diplomatic guarantees and other
assurances extended by requesting states in extradition proceedings, as regards both the freedom from
torture and the non-enforcement of the death penalty.
Los CV de los/las peritos/as propuestos/as serán incluidos en los anexos al informe de fondo
78/13.
La Comisión pone en conocimiento de la Corte la siguiente información sobre quien ha actuado
como peticionario a lo largo del trámite y sus respectivos datos de contacto:
Luis Lamas Puccio
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Lima, Perú
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Aprovecho la oportunidad para saludar a usted muy atentamente,
Signed in the original
Elizabeth Abi-Mershed
Secretaria Ejecutiva Adjunta