6.
This Court has indicated that provisional measures have two aspects: one preventive
and the other protective. 10 The preventive aspect of provisional measures is related to the
context of international litigations. Thus, these measures have the object and purpose of
preserving the rights that are possibly at risk until the dispute is decided. Their object and
purpose are to ensure the integrity and effectiveness of the decision on merits and, in this
way, avoid harm to the rights in litigation, a situation that could nullify the practical effects
of the final decision or render them useless. Regarding the protective aspect of provisional
measures, they represent a real jurisdictional guarantee of a preventive nature because
they protect human rights insofar as they seek to avoid irreparable damage to persons. 11
7.
This Court emphasizes that, in this matter, the preventive aspect of the measures
seeks to avoid non-compliance with an eventual decision by the organs of the interAmerican system and, in this way, to prevent “irreversible [damage to] the right to petition
established in Article 44 of the American Convention,” especially considering that, in this
matter, the proposed beneficiary would be extradited to a State beyond the scope of the
protection of the inter-American human rights system. 12
8.
Bearing in mind the preventive aspect indicated in the Order of May 22, 2013, this
Court found it pertinent and opportune to order the adoption of provisional measures in this
matter until August 30, 2013, “in order to allow the Inter-American Commission to examine
and rule on case No. 12,794.” In this regard, the Court notes that, on July 18, 2013, the
Inter-American Commission adopted Merits Report No. 78/13 with regard to case No.
12,794, related to these provisional measures (supra having seen paragraph 7). According
to the information submitted, in this report, the Commission made four recommendations to
the State and, “[p]ursuant to the procedure established in Articles 50 and 51 of the
Convention,” forwarded the Merits Report to the State and asked it to present information
on compliance with these recommendations within two months.
9.
Based on the above, the Commission requested “a further extension [of the
provisional measures] until it was able to provide information on the Peruvian State’s
response as regards compliance with the recommendations.” In this regard, the State
indicated that it “had until September 30, 2013,” to provide information on compliance with
the recommendations made in the Merits Report, so that “it was reasonable that the InterAmerican Court would not be advised of this party’s position in relation to compliance with
the recommendations of the Commission until September 30, 2012.”
10.
In a previous brief (supra having seen paragraph 6), the State had forwarded
information on “similar facts to those of [this matter], in which the People’s Republic of China
had guaranteed the right to life and to personal integrity of Chinese citizens repatriated for
similar offenses to those of which Wong Ho Wing is accused.” Notwithstanding subsequent
2013, twentieth considering paragraph.
10
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” newspaper). Provisional measures with regard to
Costa Rica. Order of the Court of September 7, 2001, fourth considering paragraph, and Matter of Wong Ho Wing.
Provisional measures with regard to Peru. Order of the Court of May22, 2013, fifth considering paragraph.
11
Cf. Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” newspaper). Provisional measures with regard to
Costa Rica. Order of the Court of September 7, 2001, fourth considering paragraph, and Matter of Wong Ho Wing.
Provisional measures with regard to Peru. Order of the Court of May22, 2013, fifth considering paragraph.
12
Cf. Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order of the Court of May 28, de
2010, fourteenth considering paragraph; Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order
of the Court of June 26, 2012, fortieth considering paragraph, and Matter of Wong Ho Wing. Provisional measures
with regard to Peru. Order of the Court of May22, 2013, sixth considering paragraph.
4