- 21 of article 151 of this law,” and this establishes that, “in very serious cases, the accused shall be condemned to life imprisonment or to death.”56 64. On January 20, 2009, the Second Transitory Chamber of the Supreme Court of Justice issued the first advisory decision in the extradition proceedings. In this decision, the Supreme Court declared the extradition request admissible for the offenses of evasion of customs duty and bribery, considering that the requirements established in the extradition treaty between the two States had been met, and clarifying that, with regard to the offense of evasion of customs duty, extradition was only in order “for the criminal offense established in the first paragraph of article [153] of the Chinese Criminal Code.” At the same time, it declared that extradition for the offense of money-laundering was inadmissible because, at the time that, presumably, “the acts were committed in the country of the individual sought […], this offense was not defined in [Peruvian] criminal law.”57 65. Following this decision, on January 26, 2009, Wong Ho Wing’s brother filed a first application for habeas corpus against the judges of the Second Transitory Criminal Chamber of the Supreme Court of Justice, “based on the certain and imminent threat of violation of the rights to life and personal integrity of […] Wong Ho Wing.” Among other grounds, he indicated that “in a malicious and covert manner, the extradition request […] did not attach the relevant translation of article 151 of the Chinese Criminal Code because this provision contains the death penalty for the offense of smuggling.” He also indicated that, in an extradition process in which the offense involved was punished with the death penalty, “it was for the Prosecutor General […] to safeguard the lawfulness of the proceedings by issuing an opinion in the extradition process, and ruling on the admissibility of the request.” The application also asked for the release of Wong Ho Wing.58 66. On February 2, 2009, the People’s Republic of China submitted an explanation from the Ministry of Public Security to the Official Commission for Extraditions and Prisoner Transfers of the Ministry of Justice of Peru, indicating that, according to “the provisions of the Criminal Code of the People’s Republic of China, there is no possibility of imposing life imprisonment or the death penalty on him”59 (infra para. 92.a). 67. On February 10, the Official Commission for Extraditions and Prisoner Transfers issued its report on the extradition request, indicating that “it ha[d] not received the translation of article 151 of the Criminal Code of the People’s Republic of China, an article […] referred to in the first paragraph of article 153, as revealed by the translation [in the case file].” Consequently, it considered that it was necessary “to receive the [said] translation.” In addition, taking into account the precautionary measures granted by the Inter-American Commission, it established that: [R]egarding extradition, the treaties signed by Peru allow it to grant extradition even in a case where the death penalty may be applied; [however, it is necessary to be] certain that it will not be applied; in other words, […] the corresponding assurances must have been presented that the death penalty will not be applied, or that it will not be implemented even if it is imposed by the courts of the requesting State. Although the treaty with the People’s Republic of China does not contain an express clause on the death penalty, article 5 of the treaty establishes as a condition for extradition: “Extradition shall only be carried out if it is not contrary to the legal system of the requested party.” […] 56 Communication of January 19, 2009 (evidence file, folios 7777 to 7790). 57 Advisory decision of January 20, 2009 (evidence file, folios 46 to 50). 58 Cf. Application for habeas corpus of January 26, 2009 (evidence file, folios 52, 55, 56 and 59). 59 Brief of General Directorate No. 24 of the Ministry of Public Security of February 2, 2009 (evidence file, folios 67 and 68).