- 61 did not provide any evidence for this affirmation. In addition, the representative’s arguments refer to the presumed risk of the application of the death penalty, which, as the Court has reiterated, was eliminated with the eighth amendment to the Chinese Criminal Code (supra para. 151). The Commission argued that there are no judicial mechanisms to implement the said assurances. However, the Court takes note of the opinion of expert witness Ang Sun, according to which, “following the offer of diplomatic assurances by the Ministry of Foreign Affairs of China, such assurances are binding for all Chinese courts," pursuant to article 50 of the Chinese Extradition Law.260 This Court considers that, in the particular circumstances of this case, the assurances and the monitoring mechanisms offered are sufficient. B.5) General conclusion on the alleged risk of violation of the rights to life and personal integrity of Wong Ho Wing if he is extradited 187. Based on all the preceding conclusions, the Court finds that, at the present time, it would not be legally possible to impose the death penalty for the offense of smuggling ordinary merchandise, for which the extradition of Wong Ho Wing has been requested. In addition, it has not been proved that the extradition of Wong Ho Wing would expose him to a real, foreseeable and personal risk of being subject to treatment contrary to the prohibition of torture or other cruel, inhuman or degrading treatment. 188. Therefore, the Court concludes that, if Wong Ho Wing is extradited in the current circumstances, the State would not be responsible for violating its obligation to ensure his rights to life and to personal integrity recognized in Articles 4 and 5 of the Convention, in relation to Article 1(1) of this instrument, or the prohibition of non-refoulement established in Article 13 (paragraph 4) of the Inter-American Convention to Prevent and Punish Torture. X RIGHTS TO JUDICIAL PROTECTION AND JUDICIAL GUARANTEES, IN RELATION TO THE OBLIGATION TO RESPECT AND ENSURE RIGHTS 189. Despite the Court’s conclusion concerning the risk of violation of the rights to life and to personal integrity (supra para. 188), in this case, the relevant factor is that, following the Supreme Court’s second advisory decision, the Constitutional Court ordered the Executive Branch to refrain from extraditing Wong Ho Wing to China (supra paras. 81 to 85). Therefore, this Court must decide whether, notwithstanding the inexistence of a risk at this time, the State may extradite Wong Ho Wing without being in non-compliance with other obligations derived from the Convention, such as the right to judicial protection and the enforcement of final judicial decisions, established in Article 25261 of the American Convention, as argued by the Commission and the representative. In this chapter, the Court will analyze this aspect of the dispute, as well as the alleged violations of the guarantees of a reasonable time and due process of law established in Article 8262 of the Convention. commuted to life imprisonment on appeal.” 260 Cf. Statement made by Ang Sun during the public hearing held in this case. 261 The relevant part of Article 25 of the American Convention establishes that: “1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 2. The States Parties undertake: […] (c) to ensure that the competent authorities shall enforce such remedies when granted.” 262 Article 8(1) of the American Convention establishes that: “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.”