86
282. Citing the European Court, the Inter-American Court wrote that in order to achieve the
full effectiveness of a judgment, its implementation should be complete, perfect, comprehensive,238 and
without delay.239 Of particular relevance to this case, in the case of Mejía Idrovo v. Ecuador, the Court
made reference to possible interference by other branches of government to prevent execution of a
court ruling. The Court wrote that:
the provisions governing the independence of the judicial order must be made in an appropriate
way so as to ensure the timely execution of the judgments without any interference by other
240
branches of Government
and guarantee the binding and obligatory nature of the decisions of
241
last resort.
The Court considers that in a system based on the principle of rule of law, all public
authorities, within the framework of their jurisdiction, must take heed of judicial decisions and
promote their execution without hindering the purpose and scope of the decision or unduly
242
delaying its implementation.
283. The order of Peru’s Constitutional Court, the State’s highest judicial authority in matters
of constitutional law, issued a restraining order to the authorities in the Executive Branch who at the
time and to this day had the obligation to issue a final ruling on the extradition request. The
Constitutional Court’s decision, which the Executive Branch was bound to comply with, required that the
final decision in the extradition process had to be to deny extradition. The Constitutional Court’s ruling
even mentioned the possibility that the Peruvian State might itself prosecute and judge Mr. Wong Ho
Wing.
284. Despite all this and although Mr. Wong Ho Wing is still being deprived of his liberty (a
matter examined in the first section of this legal analysis), the Executive Branch has failed to put a
238
Furlan 2010. Citing Cf. Case of Mejía Idrovo v. Ecuador, para. 105, citing ECHR Case of Matheus v. France, (No.
62740/01), Judgment of March 31, 2005, para. 58. According to the principles proposed by the Consultative Council of
European Judges (CCJE), a Consultative Body of the Committee of Ministers of the Council of Europe on matters
concerning the independence, impartiality and professional capacity of judges, "enforcement of judicial decisions should
be fair, swift, effective and proportionate” (Cf. Opinion no. 13 (2010) On the role of judges in the enforcement of judicial
decisions. Available at:
https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=CCJE(2010)2&Language=lanEnglish&Ver=original&BackColorInternet=D
BDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864.
239
Furlan 210. Citing CF Case of Mejía Idrovo v. Ecuador, para. 105, citing ECHR, Case of Cocchiarella v. Italy (No.
64886/01), G.C., Judgment of March 29, 2006, para. 89, and Case of Gaglione et al. v. Italy, (No. 45867/07), Judgment of
December 21, 2010, para. 34. In light of the ECHR’s established case law, a delay in the execution of judicial decisions may
constitute a violation of the right to be heard within a reasonable time, as established by Article 6, para. 1 of the European
Convention on Human Rights since the “[e]xecution of a judgment given by any court must therefore be regarded as an
integral part of the trial for the purposes of Article 6”. See also, ECHR, Case of Hornsby v. Greece, (No. 18357/91),
Judgment of March 19, 1997, para. 40, and Case of Jasiūnienė v. Lithuania, (No. 41510/98), Judgment of March 6, 2003.
Final, June 6, 2003, para. 27.
240
Cf. Case of Mejía Idrovo v. Ecuador, para. 106. Cf. Advisory Opinion No. 13 (2010) On the role of judges in the
enforcement of judicial decisions, Conclusions, F), See also ECHR, Case of Matheus v. France, paras. 58 and subsq.
241
Cf. Case of Mejía Idrovo v. Ecuador, para. 106. This means that compliance is mandatory, and that if they are not
obeyed voluntarily, may be enforced coercively.
242
Furlan 211. Citing. Cf. Case of Mejía Idrovo v. Ecuador, para. 106. The European Court has established in
the case of Inmobiliare Saffi v. Italy that: “While it may be accepted that Contracting States may [...] intervene in
proceedings for the enforcement of a judicial decision, the consequence of such intervention should not be that execution
is prevented, invalidated or unduly delayed or, still less, that the substance of the decision is undermined”. Cf. ECHR, Case
of Inmobiliare Saffi v. Italy, para. 74.