State, he indicated that “they had never received this new information.” He also
indicated that “about 15 days previously, Wong Ho Wing had received a visit in the
prison […] where he is deprived of liberty […] and was pressured by Chinese Embassy
officials, who demanded that he agree to be extradited and that he waive the use of
any means of defense.” Lastly, he observed that, if these measures were no longer in
force, the State would “immediately extradite Wong Ho Wing and there would be no
possibility of monitoring how [the extradition] would be implemented, and also, since
the application of the death penalty was possible, the harm would be absolutely
irreversible.”
6.
The Inter-American Commission observed that “the situation that gave rise to
the provisional measures has not changed and, consequently, [it] reiterate[d] all the
arguments made during the proceedings before the Inter-American Court.” In addition,
it indicated that, when ordering the provisional measures the Court was aware of most
of the guarantees that the State referred to during the hearing and, despite this, it
determined that the requirements for the adoption of measures had been met; while
the analysis of the guarantees was a fundamental aspect when examining the merits of
the case. In addition, it stressed that “the request was not unconditional, but rather in
addition to protecting the beneficiary, it sought and continues seeking precisely to
preserve the purpose of the petition and the effectiveness of an eventual decision of
the organs of the inter-American system.” Regarding the elimination of the situation of
urgency owing to the alleged failure to comply with the mandate issued in the order of
the Court of May 28, 2010, the Commission considered “that the said order only
contained a mandate for the Peruvian State,” which “consisted in abstaining from
extraditing Wong Ho Wing until a specific date.”
7.
In addition, the Inter-American Commission stated that the proceedings on the
dispute “have been processed […] promptly, balancing this promptness with
compliance with the regulatory time frames, the adversarial principle, and due process
of law for the parties.” It indicated that the “petition was received and three days later
was forwarded to the State; whereas, according to practice and the volume of cases
before the Commission, this usually takes two to three years.” In addition, it advised
that “the case is in the initial stages of the merits of the matter in which, in addition to
the inherent complexity of the case, the Rules of Procedure establish different
procedural scenarios, such as the request for more time by the parties, the initiation of
a friendly settlement procedure, or the holding of a hearing on the merits.” In this
way, “the Commission will continue processing the case as rapidly as possible and
hopes to have all the substantive and procedural elements to be able to deliberate and
approve a decision on the merits this year […], taking into account the remaining
sessions [of this organ].” It concluded by asking the Court to maintain these
provisional measures because the need persists to ensure that an eventual decision of
the organs of the system will be effective and in order to avoid actions that could make
the situation irreparable.
8.
The Court recalls that these provisional measures were granted at the request
of the Inter-American Commission in the context of petition P-366-09. This petition
was declared admissible by Report No. 151/10 of November 1, 2010, with regard to
Articles 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty),
8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the American
Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof.
In addition, the Court also recalls that the adoption of these provisional
9.
measures was ordered only in order to “permit [the Commission] to examine and rule
4