62 212. Pursuant to this article, the Commission’s opinions and conclusions and the period it prescribes for the State to comply with its recommendations are incumbent upon the State if the case in question is not submitted to the Court for consideration. The Court has previously stated that no violation of Article 51(2) of the Convention can be imputed in cases submitted to it.112 213. In the instant case, the measures provided for in Article 51.2 of the Convention were not taken, so that the Court need not examine the alleged violation of this article. XVI ARTICLE 63(1) 214. Article 63(1) of the Convention provides the following: If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 215. Arguments of the Commission: a) the State must fully compensate the alleged victims for the “grave material and moral damages they suffered and [be required to] order their immediate release and to pay them full compensation;” b) the Commission is seeking “the claimants’ conditional release, with restrictions on their movements or whatever other restrictions the Peruvian State deems necessary;” and c) to comply fully with this request, the State must also order that the proceedings be nullified so that the treason trials cease to have any legal effects; should the State decide to institute new proceedings, they should be conducted in the regular courts and in accordance with the rules of due process, which include the following: the presumption of innocence; the right to be assisted by a defense attorney; the right to sufficient time to prepare a defense; the right to examine the witnesses present and to call other persons as witnesses; the right to appeal the judgment to a higher court; the right not to be tried a second time for the same facts; the right to have a public criminal proceeding and other judicial guarantees. 216. Arguments of the State: a) 112. the “crime of terrorism, in its various modalities, is a serious common crime that imperils the democracy of nations;” Loayza Tamayo Case, supra note 4, para. 82.