2
unchanged since its last report (supra 7), and that no claim by the beneficiaries
themselves had been recorded. It added that the personal integrity of Mr. CestiHurtado and that of his family were appropriately guaranteed, and it lastly required
the Court to consider the proceeding of provisional measures adopted on behalf of
Mr. Cesti-Hurtado and the members of his family at an end.
9.
The brief of the Inter-American Commission on Human Rights (hereinafter the
“Commission”) of April 28, 2000, whereby it expressed its acquiescence to the
request of the State for the lifting of the provisional measures (supra 7 and 8). The
Commission added that it was in agreement with the lifting of the measures, since
Mr. Cesti-Hurtado had already been released, and the Commission had included into
its application for reparations a chapter on the deterioration of Mr. Cesti’s health
because of his imprisonment and the medical care that had been offered him.
CONSIDERING:
1.
That Peru is a State Party to the American Convention, whose Article 1(1)
establishes the obligation of the States Parties to the Convention to respect the
rights and freedoms therein recognized, and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, and that on
January 21, 1981 it recognized the jurisdiction of this Court, pursuant to Article 62 of
the Convention.
2.
That in the instant case both, the State, and the Commission, expressed to
the Court that the circumstances of extreme gravity and urgency that gave rise to
the adoption of provisional measures no longer existed, a fact proven by the release
of Mr. Gustavo Adolfo Cesti-Hurtado, and that the safety of Mr. Cesti-Hurtado and
that of the members of his family seemed not be currently at risk.
3.
That the reasons that led this Court to render provisional measures in the
instant case are considered at an end.
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of the powers conferred upon it by Article 63(2) of the American
Convention, and Article 25 of its Rules of Procedure,
DECIDES:
1.
To lift and consider at an end the provisional measures rendered by the InterAmerican Court of Human Rights in its orders of September 11, 1997 and June 3,
1999 on behalf of Mr. Gustavo Adolfo Cesti-Hurtado and the members of his family,
Ms. Carmen Judith Cardó-Guarderas, Margarita del Carmen Cesti-Cardó, and Mr.
Gustavo Cesti-Cardó.
2.
To transmit this Order both, to the State, and to the Inter-American
Commission on Human Rights.
3.
To close the file relative to the provisional measures in the instant case.