44
124. On October 10, 2011, the Peruvian Supreme Court’s Permanent Criminal Chamber
issued an order in which it replied to a petition brought by defendant Wong Ho Wing, in which he
requested “immediate and unconditional release.” In that order the Permanent Criminal Chamber held
that it was not competent to decide the petitioner’s request, and therefore declared that:
I) The defense attorney for Mr. WONG HO WING should assert his claim before the proper court;
II) Copies of the present decision are hereby ordered SENT to the Ministry of Justice for the
75
appropriate purposes.
125. On October 18, 2011, Mr. Luis Lamas Puccio requested Mr. Wong Ho Wing’s immediate
and unconditional release, “without any of the restrictions that the procedural laws on the subject
prescribe (…) and that an order be given to return to him his passport (…) by virtue of the fact that in a
ruling dated May 24 of this year, the Constitutional Court upheld the corresponding petition of habeas
corpus and also ordered the Peruvian State, as represented by the Executive Branch, to refrain from
extraditing Mr. Wong Ho Wing to the People’s Republic of China.”76
126. On October 24, 2010, the Ombudsman’s Office sent a communiqué to Dr. Juan Jiménez
Mayor, Vice Minister of Justice, informing him of a request to intervene, filed by Mr. Luis Lamas Puccio
for the purpose of ensuring Mr. Wong Ho Wing’s right to physical liberty. It also requested a report on
the objective reasons why the responsible public officials had allegedly not replied to a communiqué
from Callao’s Seventh Court requesting the respective documentation and had not sent the file on the
provisional arrest.77
127. On November 2, 2011, a communication from Callao’s Seventh Criminal Court was
presented to the Ministry of Justice of Peru in which the Court again requested the case file for
provisional arrest No. 6370-2008-25 “as soon as possible”, to enable it to reach its decision on Mr. Wong
Ho Wing’s October 18, 2011 application for release.78
128. On November 3, 2011, Mr. Luis Lamas Puccio presented a brief addressed to Minister of
Justice Francisco Eguiguren, in which he requested that the case file for provisional arrest No. 63702008-25 be made available and sent, “as soon as possible”, to Callao’s Seventh Criminal Court, as it has
been unable to act on an application for release “because your ministry has had that case file in its
possession since 2010.”79
129. On November 8, 2011, Mr. Luis Lamas Puccio filed a brief with Callao’s Seventh Criminal
Court in which he requested that the Minister of Justice of Peru, Dr. Francisco José Eguiguren P., be
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Annex 53. Order of October 10, 2011. Attachment to the communication received from the petitioner on
December 1, 2011.
76
Annex 54. Application for Mr. Wong Ho Wing’s immediate release, dated October 5, 2011. Attachment to the
communication received from the petitioner on December 1, 2011.
77
Annex 55. Communiqué No. 124-2011-DP/ADHPD of November 24, 2011. Attachment to the brief received from
the petitioner on February 1, 2012.
78
Annex 56. Communiqué No. 2008-6370-RDM. Attachment to the communication received from the petitioner on
December 1, 2011.
79
Annex 57. Brief of November 3, 2011. Attachment to the communication received from the petitioner on December
1, 2011.