ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS∗
OF OCTOBER 10, 2011
PROVISIONAL MEASURES
WITH REGARD TO THE REPUBLIC OF PERU
CASE OF WONG HO WING
HAVING SEEN:
1.
The order of the acting President of the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court” or “the Court”) of March 24, 2010, and also
the orders of the Court of May 28 and November 26, 2010, and March 4 and July 1,
2011, in which it was decided, inter alia, to require the Republic of Peru (hereinafter
also “the State” or “Peru”) to abstain from extraditing Wong Ho Wing.
2.
The briefs of August 4, 9 and 18, 2011, and their attachments, in which the
State forwarded Reports Nos. 410-2011 and 419-2011 JUS/PPES, advising that the
Constitutional Court had delivered two judgments with regard to the request to
extradite Wong Ho Wing to the People’s Republic of China. It also requested the
“immediate lifting of the provisional measures” ordered by the Court in this matter.
3.
The notes of August 11 and 22, 2011, of the Secretariat of the Inter-American
Court of Human Rights in which, on the instructions of the acting President of the
Court, it asked the representative of the beneficiary and the Inter-American
Commission on Human Rights to submit their observations on the information provided
by the State, and on its request.
4.
The brief of September 1, 2011, in which the representative of the beneficiary
(hereinafter also “the representative”) forwarded observations on the State’s Report
No. 419-2011 JUS/PPES. In addition, he asked the Court to maintain these provisional
measures in force.
5.
The brief of September 8, 2011, in which the Inter-American Commission on
Human Rights (hereinafter also “the Inter-American Commission” or “the
Commission”) forwarded observations on the said State report. In addition, it
“consider[ed] appropriate the Peruvian State’s request to lift the measures.”
∗
Judge Diego García-Sayán, a Peruvian national, recused himself from hearing this matter, pursuant
to Article 19 of the Court’s Statute and 19 of its Rules of Procedure, and the Court accepted his recusal. Also,
Judge Leonardo A. Franco, Vice President of the Court, advised that, for reasons beyond his control, he
would be unable to attend the deliberation and signature of this order. Consequently, Judge Manuel Ventura
Robles became acting President on this occasion.