ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 19, 1999
PROVISIONAL MEASURES
ORDERED BY THE COURT IN THE CESTI HURTADO CASE
HAVING SEEN:
1.
The September 11, 1997 Order of the Inter-American Court of Human Rights
(hereinafter “the Court”), in which it required, within the framework of the Cesti
Hurtado Case which was before this Tribunal, that the State of Peru (hereinafter “the
State”) adopt provisional measures on behalf of Mr. Gustavo Adolfo Cesti Hurtado to
ensure his physical, psychological and moral integrity.
2.
The January 21, 1998 Order of the Court, in which it required that the State
maintain the provisional measures adopted to assure the personal integrity of Mr.
Cesti Hurtado and allow him to receive the medical treatment of his choice.
3.
The June 3, 1999 Order of the Court, by means of which it ordered the State
to extend the provisional measures to ensure the physical and psychological integrity
of Mrs. Carmen Judith Cardó Guarderas, Mrs. Margarita del Carmen Cesti Cardó, and
Mr. Gustavo Cesti Cardó, family members of Mr. Cesti Hurtado.
4.
The November 12, 1999 writing of Mr. Cesti Hurtado, in which he
communicated to the Court that, despite having been released on November 11,
1999, by the military court, that court still had not fully complied with the September
29, 1999 Judgment of the Inter-American Court, as it had not ordered the lifting of
his ban on going abroad nor the orders freezing his property. He also state that his
attorney had been denied access to the records of the case processed before that
court in order to learn the terms of his release.
CONSIDERING:
1.
That Article 63(2) of the Convention provides that:
[i]n cases of extreme gravity or 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.
2.
That in relation to this subject, Article 25(1) of the Rules of Procedure
provides, in relevant part, that:
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request