41 be left without any means to defend those interest and to exercise our legitimate right of defense. WE THEREFORE REQUEST THAT WE BE INCLUDED AS NECESSARY JOINT LITIGANTS IN THE PRESENT CASE, pursuant to Article 93 of the Code of Civil Procedure, a secondary source of law in proceedings of this type. 7. (…) it is imperative that the MINISTRY OF JUSTICE’S PUBLIC PROSECUTOR’S OFFICE AND THE OFFICE OF THE SUPRANATIONAL PROSECUTOR be added as NECESSARY JOINT LITIGANT as they have a legitimate interest in presenting our side and exercising our unconditional RIGHT OF DEFENSE recognized in Article 139(14) of our 1993 Constitution, as it is self evident that if the arrest warrant is changed to an order for Mr. Wong Ho Wing’s release, it could, given the risk of flight, render moot or illusory both his eventual extradition and the administration of justice in 66 the requesting State, which in this case is the People’s Republic of China. (…).” 118. On September 27, 2010, the representative of the People’s Republic of China, Moisés Aguirre Lucero, filed a brief with the Supreme Court’s Permanent Chamber in which he requested the “ABSOLUTE NULLITY OF ALL SUPREME COURT PROCEEDINGS IN CONNECTION WITH THE PRECAUTIONARY MEASURE,” on the grounds that the Supreme Court did not have jurisdiction to issue any pronouncement on a subject unrelated to the Extradition Process, such as the request to change the order for provisional arrest to an order for release.67 119. On September 10, 2010, Judges César San Martín Castro, Pedro Saldarriaga and Príncipe Trujillo, justices on the Supreme Court’s Permanent Criminal Chamber, voted in favor of the provisional release requested by Mr. Wong Ho Wing. On the other hand, Messrs. José Luis Lecaros Cornejo, Jorge Bayardo Calderón Castillo and Santa María Morillo voted to declare the request for provisional release to be out of order. Given the tie among the members of the Supreme Court, on October 13, 2010 Mr. José Antonio Neyra Flores cast his vote, joining Messrs. Lecaros Cornejo, Calderón Castillo and Santa María Morillo in declaring the request seeking Mr. Wong Ho Wing’s provisional release to be out of order. On October 19, 2010, the Permanent Criminal Chamber issued an order, the pertinent parts of which read as follows: (…) In the incidental proceedings conducted in the case concerning Mr. Wong Ho Wing’s passive extradition, the justice who cast the deciding vote, Dr. Neyra Flores, has performed that function; he has joined Supreme Court Justices Lecaros Cornejo, Calderón Castillo and Santa María Morillo in voting to declare that the provisional release requested by extraditurus Wong Ho Wing is out 68 of order (…). 120. On September 28, 2010, Mr. Luis Lamas filed a brief with the Office of the Chair of the Ministry of Justice’s Official Commission on Extraditions and Convict Transfers, in which he requested a copy of report No. 066-2010/COE-TC, dated July 9, 2009, which was part of the case file on passive extradition No. 03-2009 against Wong Ho Wing.69 Then, on September 29, 2009, the Ministry of Justice’s Office of the National Director of Justice sent report No. 34-2010-DNJ/DICAJ, issued that same 66 Annex 46. Brief presented with the Appeal filed to challenge the September 23, 2010 decision, presented on September 27, 2010. Attachment to the communication received from the State on October 25, 2010. 67 Annex 47. Brief requesting Absolute Nullity, presented in Extradition Case No. 03-2009. Attachment to the State’s October 25, 2010 communication. 68 Annex 48. Order of October 19, 2010, issued by the Permanent Criminal Chamber in Extradition Case No. 03-2009. Attachment to the communication received from the State on October 25, 2010. 69 Annex 49. Brief requesting a copy of report No. 066-2010, dated September 28, 2010. Attachment to the communication received from the State on November 11, 2010.