of these provisional measures. Notwithstanding the foregoing, the Court observes that
the State has requested more time in order to prepare a report on matters that were
discussed during the public hearing and that, on March 2, 2011, it forwarded a brief in
which it advised that “the Chinese People’s Assembly has approved the abolishment of
the death penalty for the offense of smuggling ordinary merchandise” and,
consequently, according to the State, there are no longer any reasons to maintain
these provisional measures (supra tenth having seen paragraph).
17. Based on the above considerations, the Inter-American Court finds it appropriate
to grant the State the extension requested so that it can conclude and forward to the
Court the pending information. Furthermore, it is essential that the State provide the
Court with official copies with the necessary certified translation of the updated
description of the offenses and their respective punishments for the offenses of bribery
and tax evasion for which the Supreme Court of Justice of Peru has considered that it
was in order to extradite Wong Ho Wing. The State has until April 14, 2011, to forward
this information.
18. In addition, the Court considers it essential to receive the observations of the
representative of the beneficiary and the Inter-American Commission, particularly on
the change in the law that had been made in the requesting State and its eventual
effects on the implementation of these provisional measures and the requirements
established in Article 63(2) of the American Convention. To this end, the
representative and the Inter-American Commission will have two and four weeks,
respectively, from receiving the State’s report indicated in the preceding considering
paragraph.
19.
Lastly, while the matter is decided by the organs of the inter-American system,
Peru must continue taking the necessary measures in relation to Wong Ho Wing to
avoid this becoming ineffective illusory, if he is eventually subject to extradition and
the corresponding administration of justice in the requesting State.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Article 63(2) of the American Convention
and Article 27 of its Rules of Procedure,
DECIDES:
1.
To require the State, as established in this order, to abstain from extraditing
Wong Ho Wing until July 15, 2011.
2.
To require the State to forward to the Inter-American Court of Human Rights,
by April 14, 2011, at the latest, the report and the documentation indicated in the
seventeenth considering paragraph of this order.
3.
To ask the representative of the beneficiary and the Inter-American Commission
on Human Rights to present their observations on the report of the State mentioned in
the preceding operative paragraph within two and four weeks, respectively, of
receiving it.
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