93
313. Given the foregoing considerations, the Commission concludes that the State of Peru
violated the rights to judicial guarantees and judicial protection, recognized in articles 8(1), 8(2)(b) and
(c) and 25(1) of the American Convention, read in conjunction with the obligations undertaken in Article
1(1) thereof, to the detriment of Mr. Wong Ho Wing.
V.
CONCLUSIONS
314. Based on this analysis, the Commission concludes that the State of Peru is responsible
for violation of the rights to personal liberty, life, humane treatment, a fair trial and judicial protection,
recognized in articles 7, 4, 5, 8 and 25 of the American Convention, read in conjunction with the
obligations undertaken in Article 1(1) thereof, to the detriment of Mr. Wong Ho Wing.
VI.
RECOMMENDATIONS
315. Based on this analysis and the conclusions reached in this report, the Inter-American
Commission is recommending to the Peruvian State that it
1.
Order the measures necessary to ensure that the extradition process is brought to a
conclusion as soon as possible, in accordance with the procedures set forth in the Peruvian Code of
Criminal Procedure, denying the extradition in strict compliance with the Constitutional Court’s May 24,
2011 ruling. In furtherance of this recommendation the State must ensure that none of its authorities
put into practice mechanisms that would obstruct or delay enforcement of that ruling.
2.
Order an ex officio review of Mr. Wong Ho Wing’s provisional arrest. In that review the
State must take into consideration his legal situation upon the conclusion of the extradition process,
effected in accordance with the terms of the recommendation made above. In particular, any court
decision pertaining to the personal liberty of Mr. Wong Ho Wing must be made in strict compliance with
the principles of exceptionality, necessity, and proportionality in the terms described in this report.
3.
Make full reparations to Mr. Wong Ho Wing for the violations established in this merits
report.
4.
Within a reasonable period, order measures of non-repetition to ensure that in
extradition processes, the procedures established in the Code of Criminal Procedure are followed to the
letter and that the necessary safeguards are in place to ensure that any diplomatic or other assurances
offered by the requesting State are procured and weighed in accordance with the standards set out in
the present report on the merits.