2 BACKGROUND 2. This case was referred to the Court by the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”), in an application dated January 9, 1998, accompanied by Report No. 45/97 of October 16, 1997. It originated in a petition (No. 11.730) against Peru, received by the Secretariat of the Commission on March 7, 1997. 3. On September 29, 1999, the Court delivered judgment on the merits of the case in which it decided unanimously: 1. to rule that the State of Peru violated Articles 7(6) and 25 of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraphs 123 to 133 of this judgment, and to order that the decision of the Chamber of Public Law of Lima on the petition for habeas corpus filed by Gustavo Adolfo Cesti Hurtado, of February 12, 1997, should be complied with; 2. to rule that the State of Peru violated Article 7(1), 2 and 3 of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraphs 140 to 143 of this judgment; 3. to rule that the State of Peru violated Article 8(1) of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraph 151 of this judgment; 4. to rule that, in the instant case, it was not proved that the State of Peru violated Article 8(2) of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraph 152 of this judgment; 5. to rule that, in the instant case, it was not proved that the State of Peru violated Article 5(2) of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraph 160 of this judgment; 6. to rule that the State of Peru violated Articles 1(1) and 2 of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraphs 166 to 170 of this judgment; 7. to rule that in the instant case it was not proved that the State of Peru violated Articles 11 and 21 of the American Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established in paragraphs 177, 178 and 183 of this judgment; 8. to rule that the proceeding against Gustavo Adolfo Cesti Hurtado under the military justice system is incompatible with the American Convention on Human Rights and to order the State to annul this action and all the effects that may derive from it; 9. to rule that the State of Peru is obliged to pay fair compensation to Gustavo Adolfo Cesti Hurtado and to indemnify him for any expenses that he may have incurred in steps related to this proceeding, and 10. to order that the reparations stage should be opened and to authorize its President to duly adopt the appropriate measures. III

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