- 73 Wing the information he required to exercise his right to be heard or to file appropriate and prompt
remedies during a proceeding in which his rights could be harmed.
225. The representative argued that “the procedural laws do not guarantee the right to be heard
before [the authorities of the Executive Branch who exercise material jurisdiction to decide
extradition matters] and they have not allowed Wong Ho Wing’s defense counsel to explain his
arguments against extradition, to the detriment of the right of every person to be heard for the
determination of his rights.” According to the representative, this “has established a context of
secrecy and lack of transparency in the access to documentation of vital importance for the
preparation of Wong Ho Wing’s defense against extradition, which has not been ensured by either
the Judiciary or the Executive Branch during the proceedings,” in a case where the presumed
victim was at risk of being condemned to death or suffering torture other ill-treatment.
226. The State argued that it had “not violated Wong Ho Wing’s right to be heard and to have
information and means to defend himself.” In this regard, it underscored that, during the first
stage of the extradition proceeding before the Judiciary, he was fully able to exercise his right of
defense, while the second stage corresponded to a strictly political decision. Therefore, it
considered that “[t]he responsibility of the State could only be involved if [the intervention of the
person sought] was not established at any stage.” It also indicated that “the alleged normative
omission [to establish by law, channels or means of intervention for the representative in the
extradition proceedings before the Executive Branch] c[ould] not be cited as grounds for harming
the presumed victim’s rights, since, in the practice, the extradition procedure before the Executive
Branch was brought to a halt as a result of the legal actions filed by his procedural representative.”
Also, it clarified that “if a political decision to extradite […] is considered to harm fundamental
rights, the person concerned may contest it using the urgent mechanisms to protect fundamental
rights.” Lastly, with regard to the alleged lack of access to the documentation, the State indicated
that the decision to deny the representative’s request for access to information, “was not contested
during the administrative proceeding, even though the possibility is established in the relevant
law.”
B.3.b) Considerations of the Court
227. In Peru, the extradition process has a judicial stage and a political stage. The arguments of
the parties reveal that the dispute on the right to be heard refers to the political stage, while the
dispute on the right of access to documents would appear to refer to both stages.
228. Regarding the right to be heard, the Court has indicated that this is protected in Article 8(1)
of the Convention, in the general sense of including the right of every person to have access to the
court or State body responsible for determining his rights and obligations.305 In this regard, the
Court has indicated that the guarantees established in Article 8 of the American Convention
suppose that the victims should have extensive possibilities of being heard and acting in their
respective proceedings,306 so that they may indicate their claims and present probative elements
and that these are analyzed in a complete and serious manner by the authorities before a decision
is taken on the facts, responsibilities, punishments and reparation.307
305
Cf. Case of Genie Lacayo v. Nicaragua, supra, para. 74, and Case of the Constitutional Tribunal (Camba Campos et al.) v.
Ecuador. Preliminary objections, merits, reparations and costs. Judgment of August 28, 2013. Series C No. 268, para. 181.
306
Cf. Case of the Constitutional Court v. Peru, supra, para. 81, and Case of the Constitutional Tribunal (Camba Campos et
al.) v. Ecuador, supra, para. 181.
307
Cf. Case of Baldeón García v. Peru, supra, para. 146, and Case of the Constitutional Tribunal (Camba Campos et al.) v.
Ecuador, supra, para. 181.