10.
Consequently, taking into account the decision of the Constitutional Court of
Peru, the information forwarded by the parties, the State’s request to lift the measures
and the opinion of the Inter-American Commission (supra considering paragraphs **),
the Inter-American Court of Human Rights finds that the requirements of extreme
gravity, urgency and need to prevent irreparable damage to the integrity and life of
the beneficiary have ceased to exist, so that it is admissible to lift these provisional
measures.
11.
The Inter-American Court assesses positively the references made to the
American Convention on Human Rights by the Constitutional Court of Peru in this
provisional proceeding in relation to compliance with the obligations of respect and
guarantee established therein. Furthermore, notwithstanding the conclusion of these
provisional measures, the Inter-American Court recalls that the States have the
constant and permanent obligation to comply with their general obligations under
Article 1(1) of the Convention to respect the rights and freedoms recognized therein
and to guarantee their free and full exercise to all persons subject to their jurisdiction.5
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred by Article 63(2) of the American Convention and
Article 27 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of Human
Rights since May 29, 2010, and subsequently ratified, in order to protect the life and
personal integrity of Wong Ho Wing.
2.
To recall that, under Article 1(1) of the American Convention, the lifting of the
provisional measures does not imply that the State is relieved of its treaty-based
obligations of protection.
3.
To order the Secretariat of the Court to notify this order to the Republic of Peru,
the Inter-American Commission on Human Rights and the representative of the
beneficiary of these measures.
4.
To close the file on this matter.
5
Cf. Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the Court
of January 15, 1988, third considering paragraph; Matter of the Forensic Anthropology Foundation, supra
note 5, forty-first considering paragraph, and Matter of the Socio-educational Detention Unit, supra note 6,
fourteenth considering paragraph.
4