24 68. On October 27, 2008, Mr. Wong Ho Wing was transferred to the cells of the Callao Judicial Police and brought before the First Special Court of Callao.14 The following day, Mr. Wong Ho Wing gave his preliminary statement before that court, in the presence of his defense attorney and a Mandarin Chinese interpreter provided by the Callao Superior Court. The relevant part of the victim’s statement reads as follows: […] I am asking the Peruvian authorities to afford me special consideration for the sake of protecting my rights. If I am returned to my country to face the charges against me, I could be executed or receive the 15 death penalty. Given the situation, I am requesting that I be allowed to stand trial here in Peru. 69. On October 28, 2008, the First Special Court of Callao ordered Mr. Wong Ho Wing’s provisional arrest, pursuant to Article 523 of the Peruvian Code of Criminal Procedure.16 That same day, it ordered that he be taken to the Callao’s Transitory Prison.17 The relevant part of the order for provisional arrest reads as follows: […] issuing a warrant for said person’s provisional arrest is both reasonable and proportionate for the purpose of ensuring that the person in question, having been duly identified as the person sought by the judicial authorities of the People’s Republic of China, remains in the country while the request for his extradition is processed. He has not yet accredited either his domicile or employment in the country. Furthermore, the crime of which he is accused is also a crime under our own laws under the heading of customs-related crimes – customs tax evasion, provided for and punishable under Article 4 of Law No. 28008 “Customs-related Crimes Act” […] While it is true that the terminology used to describe the crime in Peru is not the same as the terminology used in the People’s Republic of China, it is also true that the difference in terminology is in no sense an impediment under paragraph two of Article Two of the Extradition Treaty that our country signed with the People’s Republic of China, which was ratified through 18 Supreme Decree Number zero fifty-five two-RE of June thirteenth of the year two thousand two. 70. On October 29, 2008, Mr. Wong Ho Wing’s legal representatives filed an appeal to challenge his provisional arrest. They argued, inter alia, that the arguments made by the First Special Criminal Court of Callao concerning the absence of a domicile and known employment in Peru were untrue, as Mr. Wong Ho Wing proved that he had established himself and had economic interests in Peru. They introduced a certified copy from the Lima Registry Office documenting the registration of a business called Inversiones Turísticas Maury SAC, whose majority shareholder is Mr. Wong Ho Wing. Furthermore, his attorneys maintained that Mr. Wong Ho Wing uses the hotel he owns in Lima as his domicile when he is in Peru.19 14 Annex 3. Communiqué No. 2041-2008DIRINCRI-DIVPOJUD-DEPOJUD-C, of October 27, 2008, from the Chief of the Callao Judicial Police Department to the Judge of the First Criminal Court of Callao. Attachment to the State’s communication of November 10, 2011, received at the Commission that same day. 15 Annex 4. Preliminary Statement that Wong Ho Wing made before Callao’s First Special Court, case No. 2008-6370.. Attachment to the State’s communication of November 10, 2011, received at the Commission that same day. 16 Annex 5. Provisional Arrest Warrant dated October 28, 2008, case No. 2008-06370-0-0701-PE-01. Attachment to the State’s communication of November 10, 2011, received at the Commission that same day. 17 Annex 6. Communiqué No. 6370-2008 from Callao’s First Special Criminal Court, dated October 28, 2008. Attachment to the State’s communication of November 10, 2011, received at the Commission that same day. 18 19 Annex 5. Provisional Arrest Warrant dated October 28, 2008, case No. 2008-06370-0-0701-PE-01. Annex 7. Appeal dated October 29, 2008. Attachment to the State’s communication received at the IACHR on October 25, 2010.