6.
The brief of October 18, 2013, in which the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”) forwarded the
information requested by the Court (supra having seen clause 5) and advised that “it [had]
not received the relevant information indicat[ing] progress” in the compliance with the
Merits Report No. 78/13, with regard to case No. 12,794, relating to these provisional
measures.
7.
The brief of November 29, 2013, and its annexes, in which the State submitted its
observations regarding the information presented by the Inter-American Commission.
8.
The brief of October 30, 2013, in which the Inter-American Commission submitted to
this Court the case of Wong Ho Wing v. Peru (12,794), related to the present provisional
measures.
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter “the American
Convention” or “the Convention”) on June 28, 1978 and, in accordance with Article 62
thereof, acknowledged the contentious jurisdiction of the Court on January 21, 1981.
2.
Article 63(2) of the American Convention stipulates that in “cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, in
matters not yet submitted to its consideration, order the provisional measures that it deems
pertinent at the request of the Commission.” This provision is, in turn, regulated in Article 27
of the Court’s Rules of Procedure.
3.
Article 63(2) of the Convention requires that, for the Court to be able to order
provisional measures, three conditions must concur: (i) “extreme gravity”; (ii) “urgency”
and (iii) that the purpose is to “avoid irreparable damage to persons.” These three
conditions must coexist and be present in any situation in which the Court is asked to
intervene. In the same way, these three conditions must persist for the Court to maintain
the protection ordered. If one of them has ceased to be valid, the Court must assess the
pertinence of continuing the protection ordered. 1
4.
The Court recalls that these provisional measures were first granted on May 28,
2010, at the request of the Inter-American Commission in the context of petition P-366-09 2,
in view of the prima facie risk inherent in extraditing an individual who had alleged possible
defects of due process, when the said extradition could lead to the application of the death
penalty in a State outside the inter-American system. 3 The measures were lifted on October
10, 2011, after the Constitutional Court, on May 24, 2011, ordered the Executive Branch to
abstain from extraditing Mr. Wong Ho Wing. Subsequently, the Commission again requested
1
Cf. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Court of July 6, 2009,
Considering clause 14, and Matter of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Court of
August 22, 2013, Considering clause 3.
2
The petition was declared admissible on November 1, 2010. Cf. Report on Admissibility No. 151/10, Case of
Wong Ho Wing Vs. Perú, November 1, 2010 (case file of the proceeding on provisional measures, Tome II, folios
620 to 631).
3
Cf. Matter of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Court of May 28, 2010,
Considering clauses 12, 13, 15 and operative paragraph 1, and Matter of Wong Ho Wing. Provisional Measures
regarding Perú. Order of the Court of August 22, 2013, Considering clause 4.
2