41.
Accordingly, taking into account the preventive aspect indicated, the fact that
the Commission is examining the observance of Peru’s international obligations in the
extradition procedure, and the information provided by the State concerning the
certainty required from the organs intervening in Wong Ho Wing’s extradition
procedure, it is advisable that the Inter-American Commission decide case No. 12,794
promptly.
42.
Consequently, in order that the Inter-American Commission may fulfill its
mandate under the Convention, considering that the proceedings concerning case No.
12,794 are at the merits stage and that the Commission has advised that, on March
26, 2012, it held a public hearing on the merits of the case “in order to complete the
steps required to proceed to issue a report on merits as soon as possible,” the Court
finds it pertinent and opportune to order, for a short period, the adoption of provisional
measures in this matter, which shall remain in force until December 14, 2012 (infra
first operative paragraph).
43.
Furthermore, the Court recalls what has been said in this matter as regards the
importance of the mechanism of extradition and of the obligation of collaboration
between the States in this regard. It is in the interest of the community of nations that
individuals who have been accused of certain offenses can be brought to justice. Hence,
the international human rights obligations of the States and the requirements of due
process must be observed during extradition procedures, while this legal mechanism
cannot be used as a means of ensuring impunity. 18
44.
Lastly, this Court reiterates that, until this matter has been decided by the
organs of the inter-American system, Peru must continue taking the necessary
measures in relation to Wong Ho Wing to avoid the eventual decision by the organs of
the inter-American system being useless or illusory, owing to his extradition and the
corresponding administration of justice in the requesting State. 19
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGTS,
in exercise of its authority under Article 63(2) of the American Convention and Articles
27 and 31 of the Court’s Rules of Procedure,
DECIDES:
1.
To require the State, as decided in this Order, to abstain from extraditing Wong
Ho Wing, until December 14, 2012, to allow the Inter-American Commission on Human
Rights to examine and rule on case No. 12,794.
2.
To require the Secretariat of the Court to notify this Order to the Republic of Peru
and the Inter-American Commission on Human Rights.
18
Matter of Wong Ho Wing. Order of the Court of May 28, 2010, supra note ¡Error! Marcador no
definido., sixteenth considering paragraph.
19
Matter of Wong Ho Wing. Order of the Court of May 28, 2010, supra note ¡Error! Marcador no
definido., eighteenth considering paragraph.
14