6
5.
The request for provisional measures refers to an extradition request presented
to Peru by a State that is not party to the Inter-American System and that has
allegedly formally expressed its commitment to refrain from applying the death penalty
to Mr. Wong Ho Wing should he be extradited to said State. However, taking into
account the nature of the matter at hand, and particularly, the legal right that could
allegedly be affected, and considering that this request for provisional measures was
submitted by the Inter-American Commission when the Court was not in session, the
Acting President for this matter finds it pertinent to adopt this Order with the sole
purpose of allowing the full Court to consider and deliberate on the Inter-American
Commission’s request during its LXXXVII Regular Period of Sessions, to be celebrated
at the Court’s seat from May 17th to 28th, 2010.
6.
In virtue of the foregoing, the Acting President finds it necessary to adopt these
urgent measures for a time period of three months. While these measures are in
effect, the State must refrain from taking actions that could have irreparable effects
with regard to Mr. Wong Ho Wing.
7.
The adoption of this Order does not imply a ruling on the merits of the InterAmerican Commission’s request. By adopting these urgent measures, the Acting
President is only guaranteeing that the Inter-American Court of Human Rights will be
able to comply with its mandate in the Convention.
THEREFORE:
THE ACTING PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN
RIGHTS,
in consultation with the other judges of the Court and by way of the authority
conferred by Article 63(2) of the American Convention on Human Rights and Article 27
of the Rules of Procedure,
DECIDES TO:
1.
Require the State to refrain from extraditing Mr. Wong Ho Wing as long as this
request for provisional measures has not been resolved by the full Inter-American
Court of Human Rights, in keeping with the provisions of Considering clauses 4 through
7.
2.
Order that this matter be heard by the full Inter-American Court of Human Rights
during its LXXXVII Ordinary Period of Sessions, to be held at the seat of the Court from
May 17th to 28th, 2010.
3.
Ask the Secretariat to notify the Inter-American Commission on Human Rights
and the State of Peru of this Order.