ORDER OF THE ACTING PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
MARCH 24, 2010.
PROVISIONAL MEASURES PRESENTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING THE REPUBLIC OF PERU
WONG HO WING MATTER
HAVING SEEN:
1.
The brief by the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) dated February 24, 2010, and its
annexes submitting a request to the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court” or “the Court”) for provisional measures under
Article 63(2) of the American Convention on Human Rights (hereinafter “the American
Convention” or “the Convention”) and Article 27 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”), requestingthat the Court order the Republic of
Peru (hereinafter “Peru” or “the State”) to refrain from extraditing Mr. Wong Ho Wing
to the People’s Republic of China (hereinafter “China”) until the bodies of the InterAmerican system issue a final judgment on the complaint presented to the InterAmerican Commission, in keeping with Article 44 of the Convention.
2.
The note of February 26, 2010, in which, following the instructions of the Court’s
Acting President in this matter (hereinafter the “Acting President”), the Secretariat of
the Court (hereinafter “the Secretariat”) requested that the State submit the following
information by March 3, 2010: a) comments on this request for provisional measures
that it considers pertinent; b) a copy of the order of December 8, 2009, issued by the
People’s Supreme Court of the People’s Republic of China, duly translated into Spanish,
and c) any other documentation that it deems pertinent for the Court to consider the
Inter-American Commission’s request with all necessary information. Likewise, also
following the Acting President’s instructions, the Secretariat requested that the
Commission submit the aforementioned order of the People’s Supreme Court of the
People’s Republic of China, along with its observations on the implications of this ruling
with regard to its request for provisional measures, by the deadline indicated.
*
Judge Diego García-Sayán, of Peruvian nationality, recused himself from this matter, pursuant to
Article 19 of the Statute and Article 21 of the Rules of Procedure of the Court, passed in the LXXXV Ordinary
Period of Sessions held on November 16-28, 2009, and accepted by the Court. For this reason, Judge
García-Sayán ceded the Presidency under the terms of Article 4(2) of the Rules of Procedure to the Vice
President of the Court, Judge Leonardo A. Franco, who is the Acting President in this matter.