ORDER OF THE ACTING PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF DECEMBER 6, 2012
PROVISIONAL MEASURES
WITH REGARD TO THE REPUBLIC OF PERU
MATTER OF WONG HO WING
HAVING SEEN:
1.
The Order of the acting President for this matter (hereinafter “the acting
President”) of the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) of March 24, 2010, as well as the Orders of the Court
of May 28 and November 26, 2010, and March 4 and July 1, 2011, in which it was
decided, inter alia, to require the Republic of Peru (hereinafter also “the State” or
“Peru”) to abstain from extraditing Wong Ho Wing.
2.
The Order of October 10, 2011, in which the Court decided to lift the provisional
measures it had ordered.
3.
The Order of the Court of April 27, 2012, in which it required the State to
forward specific information. Peru submitted this information in a brief of May 25,
2012, and its attachments, which were assessed by the Court in its Order of June 26,
2012, infra.
4.
The Order of the Court of June 26, 2012, in which it required the State to
“abstain from extraditing Wong Ho Wing until December 14, 2012, in order to allow the
Inter-American Commission on Human Rights to examine and rule on case No.
12,724.”
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter also “the
American Convention” or “the Convention”) on July 28, 1978, and, in accordance with
its Article 62, accepted the binding jurisdiction of the Court on January 21, 1981.
2.
Article 63(2) of the American Convention stipulates that in “cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,” the
Court may, in matters not yet submitted to its consideration, at the request of the
Commission, order the provisional measures that it deems pertinent. This provision is,
in turn, regulated in Article 27 of the Court’s Rules of Procedure.
Judge Diego García-Sayán, a Peruvian national, recused himself from hearing this matter, in
accordance with Articles 19 of the Court’s Statute and 19(1) of its Rules of Procedure. Consequently, in
accordance with Articles 4(2) and 5 of the Court’s Rules of Procedure, Judge Manuel Ventura Robles, Vice
President of the Court, became acting President in this request for provisional measures.