5
c)
The guarantees of due process recognized in the Convention have been
respected at all times during the extradition process. Mr. Wong Ho Wing has
made use of the mechanisms provided for under domestic Peruvian law to protect
his rights. He has applied for various remedies, some of which were granted.
Also, among other procedural guarantees, he has had legal defense counsel, a
translator, and access to the case files. In this sense, the State highlighted that
two requests for writs of habeas corpus submitted by Mr. Wong Ho Wing are still
being processed. Likewise, he can appeal the denial of the third writ of habeas
corpus he filed on February 9, 2010. With this, Mr. Wong Ho Wing is, with total
freedom, using the constitutional protective mechanisms offered by the habeas
corpus remedy before domestic courts to claim alleged violations of his rights.
CONSIDERING THAT:
1.
Peru ratified the American Convention on July 28, 1978, and, in accordance with
Article 62 of the Convention, recognized the contentious jurisdiction of the Court on
January 21, 1981.
2.
Article 63(2) of the American Convention holds that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act
at the request of the Commission.”
3.
Article 27 of the Rules of Procedure of the Court holds that:
1. At any stage of proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, on its own motion, order
such provisional measures as it deems appropriate, pursuant to Article 63(2) of the
Convention.
2. With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[..]
5. The Court, or if the Court is not sitting, the Presidency, upon considering that it is possible
and necessary, may require the State, the Commission, or the representatives of the
beneficiaries to provide information on a request for provisional measures before deciding on
the measure requested.
6. If the Court is not sitting, the Presidency, in consultation with the Permanent Commission
and, if possible, with the other Judges, shall call upon the State concerned to adopt such
urgent measures as may be necessary to ensure the effectiveness of any provisional
measures that may be ordered by the Court during its next period of sessions.
[…]
4.
This request for provisional measures does not originate in a case before the
Court. Rather, provisional measures have been requested in the framework of petition
number P-366-09, being processed by the Inter-American Commission since March 31,
2009. The petition is currently in the admissibility stage. The Commission holds that it
applied Article 30(4) of its Rules of Procedure then in force to the petition. The Article
provides for shorter deadlines in exceptional situations.