58
the community of Nations that individuals who have been accused of specific offenses be brought to
justice.”165
170. Nevertheless, extradition as such and the procedure leading up to extradition, is a State
act in which, because of its very nature, the international responsibility of a State can be engaged if the
extradition is not done in accordance with the State’s obligations under the American Convention. As
the Court wrote in the Order for provisional measures in this matter, “the States’ international
obligations concerning human rights and the requirements of due process must be observed in
extradition processes.”166
171. As for the scope of the review that follows, the Commission must clarify that it is not up
to the Commission to determine whether Mr. Wong Ho Wing’s extradition to the People’s Republic of
China is called for. The Commission’s analysis will be confined to examining whether, between the time
it received the request for Mr. Won Ho Wing’s extradition and the present, the Peruvian State complied
with its international obligations to respect and ensure the rights to life, to humane treatment, to
personal liberty, to due process guarantees and judicial protection recognized in the American
Convention.
B.
Analysis of the facts, based on the American Convention
172. Given the facts established in this report and the positions taken by the parties, the
Inter-American Commission will now examine the law in the following order: 1) the right to personal
liberty (Article 7 of the American Convention); 2) the rights to life, to humane treatment, the right of
non-refoulement and the right to judicial protection (articles 4, 5 and 25 of the American Convention;
and 3) the right to judicial guarantees (articles 8(1) and 8(2) of the American Convention.
1.
Right to personal liberty (Article 7 of the American Convention)
173.
The pertinent parts of Article 7 of the American Convention read as follows:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established
pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
[…]
5.
Any person detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial.
165
I/A Court H.R., Order for provisional measures. Matter of Won Ho Wing, May 28, 2010. Consideranda
166
I/A Court H.R., Order for provisional measures. Matter of Won Ho Wing, May 28, 2010. Consideranda 16.
16.