ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
NOVEMBER 26, 2010
PROVISIONAL MEASURES
REGARDING THE REPUBLIC OF PERU
CASE OF WONG HO WING
HAVING SEEN:
1.
The Order of the Acting President of the Inter-American Court of Human Rights1,
(hererinafter “the Inter-American Court,” or “the Court”) dated March 24, 2010, ruling
inter alia to require the Republic of Peru (hereinafter “the State” or “Peru”) to abstain
from extraditing Mr. Wong Ho Wing, as long his request for provisional measures
remained pending before the Inter-American Court.
2.
The May 28, 2010, Order of the Court requiring the State to “refrain from
extraditing Mr. Wong until December 17, 2010, in order to allow the Inter-American
Commission on Human Rights to examine and rule on application P-366-09, filed
before the Commission on March 27, 2009.”2
3.
The brief of September 27, 2010, in which the State submitted information
related to the provisional measures and requested that the Court require the
representative of Mr. Wong Ho Wing to, inter alia, refrain from “maliciously and
irresponsibly using domestic resources to block the administration of justice [...] with
the intention of impeding the State from adopting the measures necessary to prevent
the eventual extradition of the petitioner from becoming illusory or ineffective.” It also
indicated that “if [the beneficiary] opts to continue requesting domestic constitutional
and jurisdictional protection, it will be understood to have nullified the request for
provisional measures.”
1
Judge Diego García-Sayán, of Peruvian nationality, recused himself from this matter, pursuant to
Article 19 of the Statute and Article 21 of the Rules of Procedure of the Court. The Court accepted his
recusal. For this reason, Judge García-Sayán ceded the Presidency under the terms of Article 4(2) of the
Rules of Procedure to the Vice President of the Court, Judge Leonardo A. Franco, who is the acting President
in this matter.
2
Matter of Wong Ho Wing, Request for Provisional Measures with regard to the Republic of Peru.
Order of the Inter-American Court of Human Rights dated May 28, 2010, Operative Paragraph 10.