- 80 the representative had alleged a violation of Article 2 of the Convention without providing grounds
for this.
A.2) Considerations of the Court
247. On October 27, 2008, Wong Ho Wing was detained based on an international arrest warrant.
The following day, the special court ordered his provisional arrest and indicated that this arrest had
been made “in order to ensure the presence in the country [of Wong Ho Wing] while the
extradition request was fully processed, because he had not proved that he had any known
domicile or employment in the country and, because the offense of which he was accused was
established in the laws [of Peru] under Customs Offenses: evasion of customs duty”329 (supra
para. 97). Wong Ho Wing’s defense lawyer filed an appeal against this measure before the First
Transitory Combined Superior Chamber. On December 11, 2008, the First Combined Superior
Chamber confirmed the provisional arrest warrant330 (supra para. 100). Both decisions were
delivered taking into account article 523 of the Code of Criminal Procedure (supra para. 241).
There is no dispute about the conformity of these decisions with Peruvian law.
248. The Inter-American Court has indicated that, notwithstanding the lawfulness of a detention,
in each case an analysis must be made of the law’s compatibility with the Convention, in the
understanding that the law and its application must respect the following requirements to ensure
that the deprivation of liberty is not arbitrary:331 (i) that the purpose of the measures that deprive
or restrict liberty are compatible with the Convention; (ii) that the measures adopted are
appropriate to achieve the purpose sought; (iii) that they are necessary, in the sense that they are
absolutely essential to achieve the purpose sought and that there is no less onerous measure, with
regard to the right affected, among all those with the same ability to achieve the proposed purpose
- which is why the Court has asserted that the right to personal liberty presumes that any
restriction of this right must be exceptional,332 and (iv) that the measures are strictly
proportionate,333 so that the sacrifice inherent in the restriction of the right to liberty is not
exaggerated or excessive in relation to the advantages obtained from its restriction and
achievement of the purpose sought.334 Any restriction of liberty that does not contain sufficient
grounds which allow it to be evaluated to ensure that it meets these conditions will be arbitrary
and, therefore, violate Article 7(3) of the Convention.335
249. The Court notes that the arguments of the Commission and the representative do not refer to
the initial detention, or to the order of October 28, 2008. Therefore, the dispute between the
parties does not relate to the lawfulness or arbitrariness of Wong Ho Wing’s initial detention. This
appears to have been carried out to meet the State’s international obligations under the Extradition
Treaty and also as a member of INTERPOL (supra para. 239), which has not been questioned
before this Court. The dispute between the parties, regarding the alleged arbitrary nature of the
329
Provisional arrest warrant of October 28, 2008 (evidence file, folio 18).
330
Cf. Decision of December 11, 2008, delivered by the First Transitory Combined Superior Chamber (evidence file, folio 44).
331
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 93, and Case of Argüelles et al. v. Argentina,
supra, para. 120.
332
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004. Series C No. 111,
para. 129, and Case of Norín Catrimán et al. (Leaders, members and an activist of the Mapuche Indigenous People) v. Chile.
Merits, reparations and costs. Judgment of May 29, 2014. Series C No. 279, para. 310.
333
Cf. Case of Ricardo Canese v. Paraguay, supra, para. 129, and Case of Argüelles et al. v. Argentina, supra, para. 120.
334
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, supra, para. 93, and Case of Argüelles et al. v. Argentina,
supra, para. 120.
335
Cf. Case of García Asto and Ramírez Rojas v. Peru, supra, para. 128, and Case of Argüelles et al. v. Argentina, supra,
para. 120.