information requested by the Court (supra having seen paragraph 5), and advised that, on
March 12, 2013, the Constitutional Court had ruled on an appeal relating to the extradition
of Wong Ho Wing.
7.
The brief of May 4, 2013, in which the State presented its observations on the report
presented by the Inter-American Commission. In this brief, the State requested that these
provisional measures be lifted, considering that “the decision of the Constitutional Court
ordering that Wong Ho Wing should not be extradited was legally binding for the Executive
Branch and all other entities of the State.”
8.
The brief of May 13, 2013, in which the Commission presented its observations on
the request of the State to lift these measures (supra having seen paragraph 7).
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter also “the
American Convention” or “the Convention”) on July 28, 1978, and, in accordance with its
Article 62, accepted the binding jurisdiction of the Court on January 21, 1981.
2.
Article 63(2) of the American Convention stipulates that in “cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, in
matters not yet submitted to its consideration, order the provisional measures that it deems
pertinent at the request of the Commission. This provision is, in turn, regulated in Article 27
of the Court’s Rules of Procedure.
3.
Article 63(2) of the Convention requires that, for the Court to be able to order
provisional measures, three conditions must concur: (i) “extreme gravity”; (ii) “urgency”
and (iii) that the purpose is to “avoid irreparable damage to persons.” These three
conditions must coexist and be present in any situation in which the Court is asked to
intervene. In the same way, these three conditions must persist for the Court to maintain
the protection ordered. If one of them has ceased to be valid, the Court must assess the
pertinence of continuing the protection ordered. 1
4.
The Court recalls that these provisional measures were granted for the first time on
May 28, 2010, at the request of the Inter-American Commission in the context of petition P366-09, 2 in view of the prima facie danger of the risk inherent extraditing an individual who
1
Cf. Case of Carpio Nicolle. Provisional measures with regard to Guatemala. Order of the Court of July 6,
2009, fourteenth considering paragraph, and Matter of Wong Ho Wing. Provisional measures with regard to Peru.
Order of the Court of February 13, 2013, third considering paragraph.
2
The petition was declared admissible on November 1, 2010, by Report No. 151/10 and with regard to
Articles 4 (Right to Life), 5 (Right to Personal Integrity), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial) and
25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) (Obligation to Respect
Rights) of this instrument. Cf. Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order of the
acting President of the Court of March 24, 2010, fourth considering paragraph; Matter of Wong Ho Wing. Provisional
measures with regard to Peru. Order of the Court of May 28, 2010, fifth considering paragraph; Matter of Wong Ho
Wing. Provisional measures with regard to Peru. Order of the Court of November 26, 2010, fourth considering
paragraph; Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order of the Court of March 4,
2011, eighth and ninth considering paragraphs; Matter of Wong Ho Wing. Provisional measures with regard to Peru.
Order of the Court of July 1, 2011, eleventh considering paragraph; Matter of Wong Ho Wing. Provisional measures
with regard to Peru. Order of the Court of October 10, 2011, fifth considering paragraph, Matter of Wong Ho Wing.
Provisional measures with regard to Peru. Order of the Court of June 26, 2012, twenty-first considering paragraph;
Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order of the acting President of the Court of
December 6, 2012, fourth considering paragraph, and Matter of Wong Ho Wing. Provisional measures with regard
to Peru. Order of the Court of February 13, 2013, fourth considering paragraph.
2