- 31 merchandise in which [Wong Ho Wing] is involved. To demonstrated this, the documents with the pertinent legal provisions are attached to [this note], together with the clarification about the cases to which the eighth amendment of the Chinese Criminal Code issued by the Supreme Court of the People’s Republic of China is applicable, and also the official translation into Spanish.125 h. Eighth diplomatic note: note of August 19, 2014 The Embassy of the People’s Republic of China addressed a communication to the Ministry of Foreign Affairs, in which it affirmed the following: 1. In 2009, the Chinese Government gave guarantees that, pursuant to the decision of the People’s Supreme Court, the death penalty would not be imposed on Mr. [Wong] and, as a State Party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Chinese Government guarantees that Mr. [Wong] will not be subjected to torture or other cruel, inhuman or degrading treatment or punishment. The Chinese party will abide by this undertaking. 2. The information regarding the place where Mr. [Wong] would be detained will be accessible to the Peruvian party. In response to the requests of the Peruvian party, the Chinese party will organize visits to the place where Mr. [Wong] will be detained, including his room, as soon as possible, and meetings between Mr. [Wong] and the Peruvian diplomats or consular officials resident in China. The Peruvian officials may be accompanied by an interpreter chosen by the Peruvian party. 3. If necessary, video conferencing facilities will be available so that Mr. [Wong] may contact the Peruvian diplomats or consular officials resident in China during his detention at the request of the Peruvian party. 4. According to the Code of Criminal Procedure of the People’s Republic of China and the Lawyers Act of the People’s Republic of China, Mr. [Wong] has the right to authorize a lawyer licensed to practice law in China to defend him. He also has the right to reject the defense of the lawyer he chose and to appoint another one. Mr. [Wong] is allowed to meet with his lawyer without being monitored. 5. The Peruvian party may send its diplomats or consular officials resident in China to observe the open trial in the criminal case against Mr. [Wong] in accordance with the Code of Criminal Procedure of the People’s Republic of China and the Criminal Code of the People’s Republic of China. 6. After Mr. [Wong] has been returned to China, the Chinese judicial authorities will prepare simultaneous audio and video recordings of the pre-trial and trial interrogations, and will record the identity of all those present during the pre-trial and trial interrogations of Mr. [Wong]. These audio and video recordings will be available to the Peruvian party as requested. 7. Pursuant to the Prisons Act of the People’s Republic of China and the Detention Center Regulations of the People’s Republic of China, every detainee has access to any medical care that is required. In response to a reasonable request from the Peruvian party, the Chinese party will permit an independent social medical institution with a license to operate in the continental part of China, to provide medical care to Mr. [Wong]. Given the private nature of the medical report, the Peruvian party requires the consent of Mr. [Wong] to access the content of the report. 125 Note of the People’s Republic of China of December 22, 2011 (evidence file, folios 7479 and 7480). With this note, the People’s Republic of China forwarded to Peru: (i) the “Clarification of the cases to which the eighth amendment of the Criminal Code of the People’s Republic of China is applicable,” in which the People’s Supreme Court indicated that the eighth amendment of the Criminal Code would be applicable to the case of Wong Ho Wing; (ii) the official translation of the eighth amendment of the Criminal Code of the People’s Republic of China (evidence file, folios 7504 and 7505). However, (iii) the official translation of articles 87 and 88 of the Criminal Code of the People’s Republic of China, concerning the statute of limitations, and (iv) the official translation of article 12, paragraph 1, of the Criminal Code of the People’s Republic of China, which recognizes the principle of the retroactivity of the most favorable criminal law seems to have been sent later, on February 24, 2012 (evidence file, folios 7497 to 7505). In addition, on April 19, 2013, the Embassy of the People’s Republic of China sent a communication to the Ministry of Justice and Human Rights of Peru, with which it forwarded new certifications of those documents as well as complementary documentation on the inapplicability of the death penalty to Wong Ho Wing, particularly the text of articles 151 and 153 of the Chinese Criminal Code before the amendment. Cf. Note No. 26/2013 of April 18, 2013, sent by the Ambassador of the People’s Republic of China to the Republic of Peru to the Minister of Justice and Human Rights of Peru (evidence file, folio 3491).