15
violations against the victim and must presume that they had consequences on his
wife and his children, who were not only separated from Mr. Cesti and understood
and shared his distress, but also, there are indications that they were harassed and
threatened, as a result of which the Court had to order provisional measures in their
favor. The Court considers that these presumptions have not been disproved by the
State and, therefore, it is pertinent to designate Mr. Cesti’s wife, Carmen Cardó
Guarderas de Cesti, and his children, Margarita del Carmen Cesti Cardó de Lama and
Gustavo Guillermo Cesti Cardó, beneficiaries of a reparation.
55.
Accordingly, the Court believes that it is fair to grant Mr. Cesti’s wife a
compensation of US$ 10,000.00 (ten thousand United States dollars) and each of his
children a compensation of US$ 5.000,00 (five thousand United States dollars) for
non-pecuniary damage.
56.
Regarding the victim’s father and mother-in-law, Gustavo Aurelio Cesti
Ackermann and Judith Guarderas Cardó de Cardó, respectively, the Court assumes
that they both suffered non-pecuniary damage as a result of the violations against
Mr. Cesti. However, taking into account the specific circumstances of the instant
case, the Court considers that obtaining a judgment that supports the victim’s claims
is, in itself, a form of reparation.
IX
OTHER FORMS OF REPARATION
57.
In its brief on Reparations, the Commission requested the Court to order Peru
to ensure Mr. Cesti the full enjoyment and exercise of his personal freedom and
freedom of movement, by releasing him from the prison sentence that had been
imposed, by lifting the prohibition to leave the country, and by allowing him to have
the benefit of his property by annulling the embargo on his assets; that it attend and
cover the costs of any adverse changes in Mr. Cesti’s health subsequent to his
detention; and that it make reparation to him for damage to his honor and
reputation, by a pecuniary compensation and the publication of announcements that
make it clear that Mr. Cesti cannot be considered guilty of committing any crime,
owing to the irregularity of the proceeding to which he was submitted.
58.
The Court observes that, in a resolution of the Plenary of the Supreme
Council of Military Justice of September 14, 2000, the State instructed that “the
orders issued against [Mr. Cesti] that restricted his freedom and embargoed his
assets be suspended” (supra 15). Consequently, with regard to the proceeding
before the military justice system, the Commission’s request concerning the
enjoyment and exercise of personal freedom, which includes the consequences that
the imprisonment might have had on Mr. Cesti’s health and the lifting of the
embargo on his assets, is unfounded.
59.
With regard to the request concerning reparation for damage to Mr. Cesti’s
reputation and honor, the Court believes that both the judgment on merits that was
delivered in the instant case, in which it decided that Peru was responsible for
violating his human rights, and also this judgment, constitute per se adequate
reparation in this respect.
X