- 32 The Treaties and Laws Department of the Ministry of Foreign Affairs of the People’s Republic of China and the Peruvian Embassy in China shall be the communication channels for all matters related to the above-mentioned articles.126 D. The detention of Wong Ho Wing and the remedies filed in this regard 94. Peru’s procedural law establishes the mechanism of “provisional or pre-extradition arrest” for the detention of individuals wanted by foreign authorities. According to this law, the provisional arrest is in order mainly when a person is “formally requested by the central authority of the interested country.” This request must be sent to the Prosecutor General, who must forward it “immediately to the judge of the competent preliminary investigation, advising the respective provincial prosecutor.” It is for the said investigating judge to issue the provisional arrest warrant, “provided that the act which is considered an offense is also considered an offense in Peru and that any type of criminal punishment, equal to or in excess of one year’s imprisonment, is not established.” Once “the provisional arrest has been order, the preliminary investigation judge shall hear the person who has been arrested within 24 hours and will appoint a defense counsel if the person arrested does not appoint a lawyer of his own choice” (infra para. 241). The arrest will be lifted if the judge observes that the conditions indicated above do not exist, and “will become an order to appear in court periodically, and the prohibition to leave the country,” or will cease “if it is proved that the individual arrested is not the person sought, or when the time limit of 30 days for the formal presentation of the extradition request has expired.” The said norm also establishes the possibility of “obtaining provisional release, if the legal time limits established in the treaty or law that supports the extradition request expire, or if the individual sought meets the procedural conditions for this measure,” and in this case, “the procedure established for the termination of preventive detention will be followed.”127 95. In addition, the Extradition Treaty between China and Peru establishes the possibility that “[i]n urgent cases, before the presentation of the extradition request, the requesting party may request the preventive detention of the person sought.”128 96. Wong Ho Wing was arrested on October 27, 2008, in the “Jorge Chávez International Airport”, and from there he was transferred to the cells of the Judicial Police of El Callao and brought before a judge (supra para. 60). Subsequently, Wong Ho Wing was interned in the Transitory Pre-trial Prison of El Callao.129 In this section, the Court will establish the facts relating to the detention of Wong Ho Wing, which occurred in parallel to the extradition process. 97. On October 28, 2008, the special court ordered the provisional arrest of Wong Ho Wing: [I]n order to ensure his presence in the country while the corresponding extradition request is processed, because he has not proved that he has a domicile or known employment in the country.130 126 Note No. 030/2014 of August 19, 2014, sent by the Embassy of the People’s Republic of China in the Republic of Peru to the Ministry of Foreign Affairs of Peru (evidence file, folios 7377 to 7382). 127 Code of Criminal Procedure, promulgated by Legislative Decree No. 957 of July 29, 2004, article 523. Available at: http://www.leyes.congreso.gob.pe/Documentos/Decretoslegislativos/00957.pdf, cited in the Commission’s Merits Report, folio 24. 128 Extradition Treaty between the Republic of Peru and the People’s Republic of China, article 9 (evidence file, folio 1635). 129 Cf. Note of the First Criminal Court of the Superior Court of El Callao of October 28, 2008 (evidence file, folio 21), and Note of the Peruvian National Police of October 27, 2008 (evidence file, folio 11) 130 Provisional arrest warrant of October 28, 2008 (evidence file, folios 18 and 19).