of a decision by the Inter-American Commission, on the one hand, delays the
extradition procedure, which has continued for more than four years and, on the other
hand, delays the failure to define the legal situation of Wong Ho Wing, who is currently
deprived of liberty.
11.
Consequently, the acting President considers it opportune to require the State
and the Inter-American Commission, within the time frame established in the operative
paragraphs of this Order, to present updated information so that the Court has all the
necessary elements to make an adequate assessment of the implementation and
validity of these provisional measures. In particular, the Inter-American Commission is
requested to forward complete and detailed information on: (i) the subsistence of a
situation of extreme gravity and urgency for Wong Ho Wing that could cause irreparable
damage to his rights; (ii) the actual status of Case No. 12,794 before the InterAmerican Commission and, if appropriate, (iii) the approximate date on which it
considers that it could reach a decision on the merits of the case. In addition, the State
is requested to present current information on the status of the beneficiary’s extradition
procedure.
12.
The acting President also recalls what has been said in this matter concerning
the importance of the mechanism of extradition and the obligation of States to
collaborate in this regard. It is in the interests of the community of Nations that
individuals who have been accused of certain offenses can be brought to justice. Thus,
the international obligations of the States with regard to human rights and the
requirements of due process of law must be observed in extradition procedures, while
this legal mechanism may not be used as a way to achieve impunity.10
13.
Lastly, the acting President reiterates that, until this matter has been decided by
the organs of the inter-American system, Peru must continue adopting the necessary
measures with regard to Wong Ho Wing, to avoid his extradition and the corresponding
administration of justice in the requesting State becoming illusory or ineffective.11
THEREFORE:
THE ACTING PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN
RIGHTS,
in exercise of the attributes conferred on him by Article 63(2) of the American
Convention and Articles 27 and 31 of the Rules of Procedure of the Court,
DECIDES:
1.
To require the State, as established in this Order, to abstain from extraditing
Wong Ho Wing until March 1, 2013, in order to allow the Inter-American Commission
on Human Rights to examine and rule on Case of No. 12,794.
No. 151/10. Cf. Matter of Wong Ho Wing. Order of the Court of May 28, 2010, having seen paragraph 9(d)
and fifth considering paragraph.
10
Matter of Wong Ho Wing. Order of the Court of May 28, 2010, sixteenth considering paragraph.
11
Matter of Wong Ho Wing. Order of the Court of May 28, 2010, eighteenth considering paragraph.
4