understanding that this case does not have the characteristics that constitute a
violation of the rights recognized in the Convention […], because, to the contrary, the
Commission would have issued a merits report some time ago.” It underscored that
the Commission had not been direct and positive when affirming that, “in principle,” it
would examine this case in its next session, “so that it is evident that this will not
necessarily happen.” In addition, it recalled that “it is not the first time that the Court
issues a provisional measure in the expectation that the Commission will issue its
merits report in the case of Wong Ho Wing without this having occurred.”
14.
Regarding the information presented by the Commission and the State, this
Court observes that case No. 12,794 continues at the merits stage before the
Commission and, “in principle,” it will be submitted to the consideration of this organ
at its next regular session to be held from March 7 to 22 this year. The Court also
takes note of the information provided by the State, that a new judicial remedy had
been filed, this time “an anti-constitutionality appeal with regard to the interpretation
of the judgment that decided the habeas corpus in favor of Wong Ho Wing” (supra
considering paragraph 11), in order to obtain an interpretation from the Constitutional
Court on its own decision in relation to the possibility of extraditing the beneficiary to
the People’s Republic of China. Based on the foregoing, the Court observes that the
situation of uncertainty remains as regards the possibility of extraditing Wong Ho Wing
that justified the granting of these provisional measures in June 2012. The information
provided by the parties does not reveal any element that changes the circumstances
that, at that time, justified the adoption of these provisional measures, which are still
in force in this matter.
15.
Even though the State indicated that it “has been complying strictly” with the
decision of the Constitutional Court that ordered the State to abstain from extraditing
Wong Ho Wing (supra considering paragraph 11), the Court observes that Peru
remains unclear about how to execute this judgment because, according to the State,
a possible interpretation would be that the extradition is admissible since “the
prohibition should only be understood in relation to the offenses for which he could be
sentenced to death.” The Court recalls that, in its Order of June 26, 2012, it found that
“given the uncertainty of the State with regard to the possibility of extradition […],”
the considerations of the Court in its Order of May 28, 2010, regarding the existence of
a situation of extreme gravity and urgency and the need to avoid irreparable damage,
were “applicable to the actual situation of the […] beneficiary.”12
16.
Taking into account the preceding considerations, the Court finds that the
circumstances that justified the granting of these provisional measures in June 2012
remain in force. Consequently, the Court considers it in order to ratify and expand the
decision of the acting President of December 6, 2012, in order to extend the validity of
the provisional measures until June 1, 2013, so that the Inter-American Commission
can comply with its mandate under the Convention and conclude the examination of
case No. 12,794, in the understanding that it is at the merits stage and that the
Commission will be analyzing its merits very shortly.
17.
The Court recalls that, in its Order of June 26, 2012, it indicated that “it was
opportune that the Inter-American Commission decide case No. 12,794 before that
organ promptly.” However, the Court observes that the processing of this case before
12
Matter of Wong Ho Wing. Order of the Court of June 26, 2012, thirty-eighth considering paragraph,
and Matter of Wong Ho Wing. Order of the Court of May 28, 2010, twelfth, thirteenth and fourteenth
considering paragraphs.
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