on petition P-366-09.” Furthermore, the Court emphasizes that the acting President for
this matter convened a public hearing in order to receive the arguments of the parties
on the pertinence of maintaining the provisional measures and on the request to
extend them made by the Inter-American Commission.4 Consequently, in this order,
the Court will not deal with the arguments of the parties that exceed the purpose
defined opportunely or that are related to the merits of the dispute.
10.
The Court reiterates that, regarding the preventive aspect, the object and
purpose of these measures is to preserve the rights that are possibly at risk until the
dispute is resolved. Their object and purpose are to ensure the integrity and
effectiveness of the decision on merits and, thus, avoid harm to the rights in litigation,
a situation that could impair or annul the usefulness of the final decision. Regarding
the protective nature of the 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.5
11.
In relation to the argument presented by Peru that the Court failed to found its
decision to adopt these measures and did not provide grounds for the existence of the
requirements established in the Convention, the Inter-American Court observes that
this is merely a disagreement of the State with what was opportunely decided. Indeed,
when adopting the provisional measures, the Court reasoned that the requirement of
extreme gravity was present in this case, both in the preventive dimension and in the
protective dimension of the measures. Thus, the adoption of these measures:
is based, in its protective and preventive dimension, on the rights involved; fundamentally,
the right to life, embodied in Article 4 of the American Convention, owing to the risk arising
from the possible application of the death penalty in the requesting State, when it has been
denounced that the extradition process has not respected international law, particularly the
judicial guarantees and judicial protection established in Articles 8 and 25 of the American
Convention; as well as the possible harm of the right to petition established in Article 44
thereof. Indeed, the Court finds that the requisite of extreme gravity is satisfied in this matter
with the determination prima facie of the inherent risk of extraditing anyone who alleges
possible flaws in due process, when the said extradition may lead to the application of the
death penalty in a State outside the inter-American system6.
12.
Similarly, regarding the requirement
provisional measures, the Court indicated that:
of
urgency,
when
adopting
these
On January 27, 2010, the Supreme Court of Justice of Peru decided to declare that the
extradition of [Wong Ho] Wing was admissible. Following this decision, the extradition process
is in its final stage and the only matter pending, apart from possible appeals, is the decision
of the Government, by means of a supreme decision issued with the agreement of the Council
of Ministers, following the report of the Official Commission presided by the Ministry of Justice
4
Cf. Case of Wong Ho Wing. Provisional measures with regard to the Republic of Peru. Order of the
Inter-American Court of Human Rights of November 26, 2010, first operative paragraph.
5
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of
the Inter-American Court of Human Rights of September 7, 2001, fourth considering paragraph; Matter of
Aragua Detention Center “Tocorón Prison.” Provisional measures with regard to Venezuela. Order of the
Inter-American Court of Human Rights of November 24, 2010, sixth considering paragraph, and Matter of
Alvarado Reyes et al. Provisional measures with regard to México. Order of the Inter-American Court of
Human Rights of November 26, 2010, fifth considering paragraph.
6
Matter of Wong Ho Wing, Provisional measures with regard to the Republic of Peru. Order of the
Inter-American Court of Human Rights de May 28, 2010, twelfth considering paragraph.
5