6
which are the principle documents at this stage and, in general, entail the same
formalities with regard to the offer of evidence as the application.
23.
On this basis, the Court will proceed to examine and evaluate all the elements
that make up the body of evidence, according to the rules of sound judicial
discretion3, within the legal framework of the instant case.
24.
Regarding the evidence, when Mr. Cesti submitted his brief on reparations, he
attached a series of documents in 14 annexes4 (supra 6).
3
Cf. Ivcher Bronstein case, supra note 1, para. 69; The Last Temptation of Christ” case (Olmedo
Bustos et al.), supra note 1, para. 54; and Baena Ricardo et al. case. Judgment of February 2, 2001,
Series C No. 72, paras. 70 and 72.
4
Annex 1. Opinion 18-1997 issued by the United Nations High Commissioner for Human Rights on
January 12, 1998; Annex 2. Statements on the Cesti Hurtado case by different entities and well-known
people: A) Lima Bar Association, September 11, 1997; B) Amicus Curiae of the Executive Human Rights
Committee of the Lima Bar Association of March 3, 1998; C1) Defense decision No. 012-97/DP of March
24, 1997; C2) Amicus Curiae of the Peruvian Ombudsman of June 10, 1998; D) Amicus Curiae submitted
by Héctor Faúndez Ledesma, dated June 12, 1998; E) Amicus Curiae of the Center for Legal and Social
Studies (CELS) and the Center for Justice and International Law (CEJIL) of November 3, 1998; F) 2 letters
addressed to the President of the Executive Human Rights Committee of the Lima Bar Association, from
the Working Group on Arbitrary Detentions and the United Nations Special Rapporteur on the
Independence of Judges and Lawyers, dated April 16 and 21, 1998, respectively; G) Letter from three
members of the United States Congress, dated July 6, 1998; H) Letter from the Human Rights Committee
of the Chamber of Deputies of Mexico, dated March 20, 1998; I) Letter from the Guatemalan Bar
Association, dated April 21, 1998; J) Decision No. 33 of the Puerto Rican Bar Association, dated June 26,
1998; K) Letter from Amnesty International, dated October 20, 1998; L) Notification dated June 5, 1998,
of Decision CD 05-98/3 of the Central American Commission for the Defense of Human Rights
(CODEHUCA); M) Letter of July 7, 1998, from the Washington Office on Latin America; N) Pronouncement
of the Pro-Human Rights Association (APRODEH) of June 8, 1998; Ñ) Letter of the University Human
Rights Network (RUDEH) of November 25, 1997; Annex 3.- Publications of the Superintendency of Banks
and Insurance with financial information on insurance-broking companies for the years 1994, 1995, 1996
and 1997; Annex 4.- Official letters Nos. 3066-97 and 6501-98 of May 27, 1997, and August 14, 1998,
respectively, from the Superintendency of Banks and Insurance; Annex 5. Receipt for security services for
the Cesti family and invoices for miscellaneous carrier services. File 1: A) Summary of expenses of the
companies Perfecta Seguridad, Siccsa, Scharff Express s.a. and Poder Seguridad s.a., for surveillance and
miscellaneous carrier services from January 1997 to May 1999; B) 8 invoices from the company, Perfecta
Seguridad, for private surveillance services for the months of July to October 1997; C) 34 invoices from
Siccsa (Schariff International courier & cargo, s.a.) for miscellaneous carrier services from March 1997 to
May 1999; D) 9 invoices from Poder de Seguridad s.a. for private surveillance services from January to
July 1997; File 2: A) Summary of expenses for support personnel services from January 1998 to February
2000; B) 472 receipts for “transport and food expenses relating to the arrangements to support” Mr. Cesti
Hurtado, from July 1997 to February 2000; Annex 7.- Receipts for the media and press announcements;
A) Summary of expenses for publicity by different media and companies during 1997; B) 16 invoices from
various companies, for designing and publishing announcements, recording services, equipment rental,
etc. from March to September 1997; Annex 8. 2 invoices from SETRIX s.a. for advisory services to Top
Security and 2 information leaflets on the “Mi Seguro” plan; Annex 9. A) Judicial notification No. 602 V.I.
CSJM 3.S. of the decision of May 20, 1997, addressed to Mr. Cesti Hurtado; B) 4 copies with information
issued by the National Public Registry Office; C) Certification of voluntary departure from the San Lucas
Clinic, by Carmen Cardó de Cesti on January 5, 1998; D) 3 copies with information issued by the National
Public Registry Office; Annex 10. A) Intendancy Resolution No. 0234 41956 issued by the Lima Regional
Intendancy of the SUNAT on August 31, 1999; B) Report No. 248-99-FRACC-NB0230, on the tax
contributor, Top Security; C) Final part of a resolution issued by the Head-Central Taxation SectionMEPECO, Collection Division; D) Annex to report No. 248-99-FRACC-NB0230; E) Resolution No.
02307008839 issued by SUNAT on September 3, 1999; Annex 11. Psychological report on Mr. Cesti
Hurtado prepared by Dr. Luis Arata Cuzcano on February 28, 2000; Annex 12.- 2 reports of the San Lucas
Clinic, on cardiology and psychiatric tests for Carmen Cardó de Cesti and certificate of voluntary departure
from the San Lucas Clinic, dated January 5, 1998; Annex 13. Professional fees: A) Summary of expenses
for professional fees for the lawyers Alberto Borea Odría, Miguel Borea Odría and Javier Valle Riestra
during 1997, 1998 and 1999; B) 18 invoices issued by Alberto Borea Odría from January 1997 to February
1999; C) 3 invoices issued by Miguel Borea Odría from January 1997 to June 1998; D) 3 invoices issued
by Javier Valle Riestra from January to June 1997; Annex 14. Agreement of the firm, L.A. Motley and